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(영문) 대법원 2016.07.29 2014다210081

손해배상(의)

Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

In full view of the circumstances indicated in its reasoning, the lower court determined that the medical personnel at Defendant Hospital damaged the instant blood transfusion due to negligence in the operation process of the instant surgery against Plaintiff A, and received part of the Plaintiffs’ claim for damages against the Defendant at the amount as stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, although there is a somewhat inappropriate part in the reasoning of the court below, the conclusion that the defendant's liability for damages is recognized on the premise that the defendant's medical personnel at the defendant hospital was negligent in the course of the instant surgery is acceptable, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles

The Supreme Court precedents cited in the grounds of final appeal are different from this case, and thus are inappropriate to be invoked in this case.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.