손해배상(의)
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 54,058,79 and KRW 49,058,79 among them.
1. The reasoning for the court’s explanation on the facts and the grounds for this part of the parties’ assertion is as stated in the reasoning of the judgment of the first instance, except for the first instance court’s second surgery and the second surgery to “the second surgery” (hereinafter “the second surgery”), and the first surgery to “the instant surgery” (hereinafter “the instant surgery”), and thus, it is identical to the corresponding part of the reasoning of the judgment of the first instance. Accordingly, it is acceptable in accordance with the main text of Article 420 of the Civil Procedure Act.
2. Occurrence of liability for damages;
A. In order to establish a tort due to a violation of the duty of care or a default on the duty of care in medical practice (esteem) as to the existence of medical malpractice and causation, there is a causal relationship between the violation of the duty of care in medical practice, the occurrence of damages, and the violation of the duty of care and the occurrence of damages. However, the medical procedure requires highly specialized knowledge in the case of large scale, and only a doctor can be known in addition to the patient himself/herself, and the medical procedure to achieve the result of treatment depends on his/her own discretion. As the medical procedure to achieve the result of treatment is difficult to clearly prove that the direct cause of damages is due to a medical negligence, not an expert doctor, and it is extremely difficult for the patient to prove that the causal relationship between the patient's violation of the duty of care in the medical practice and the damages to him/her medically is extremely perfect. Thus, in the event of a medical accident, the victim did not prove any act based on the ordinary awareness in the course of a series of medical practice in the victim's stage, and there was no difference between the result and the result of the medical act.