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(영문) 서울중앙지방법원 2019.06.19 2018나19988

손해배상(기)

Text

1. Of the judgment of the court of first instance, KRW 10,387,432 against the Plaintiff and its related thereto from May 10, 2014 to June 19, 2019 against the Defendant.

Reasons

1. As to this part of the facts admitted, this court's reasoning is consistent with the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Occurrence of liability for damages;

A. Grounds for this court as to this part of the grounds for liability are stated in the judgment of the court of first instance.

2.(a)

Since it is the same as the statement in the paragraph, it is cited by the main text of Article 420 of the Civil Procedure Act.

B. 1) In a case where a doctor, etc. is liable for damages to a patient due to medical malpractice or breach of the duty to explain, the scope of damages can be limited in light of the ideology of the system of fair compensation for damages, taking into account all the circumstances, such as the content and degree of doctor’s negligence, the details and degree of difficulty of medical treatment, the outcome of medical practice, characteristics of the relevant disease, and the patient’s body and behavior, etc. (see Supreme Court Decision 2013Da18332, Dec. 24, 2014). 2) In light of the foregoing legal doctrine, the health class, sed medical practice itself in the instant case, has a certain degree of probability, and as a general rule, the medical practice itself has a degree of harm. In such a case, it would result in relatively harming the bones of the body of the patient as a result of a surgery, and the possibility of unreasonable removal in the event it is impossible to remove it from the body of the Plaintiff after the surgery shall not be limited by 7% after the surgery.

3. Scope of liability for damages

A. As seen earlier, as seen earlier, the Plaintiff was performing the removal operation after the lapse of one year after the instant surgery, and as a general rule, within two weeks after the instant surgery, the medical treatment within two weeks after the instant surgery.