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(영문) 서울고등법원 2017.05.25 2016나2002459

손해배상(의)

Text

1. Of the judgment of the first instance, the part against Plaintiff A in the judgment is modified as follows:

Defendant 5,980,241 won to Plaintiff A.

Reasons

1. Facts of recognition;

A. The Defendant is a doctor operating the “D Dental” (hereinafter “Defendant’s clinic”) at the Nam-gu Incheon Metropolitan City I, and the Plaintiff A is a person who has undergone the relevant dental clinic surgery at the above dental clinic, and the Plaintiff B is the spouse of the Plaintiff A.

B. On March 23, 2010, Plaintiff A was diagnosed by the Defendant as to the loss of the second Daegu value (No. 37; hereinafter referred to as “path value”) and first Daegu value (No. 46; hereinafter referred to as “path value”) under the right side of the Plaintiff A, and was in the process of planting eggs on March 25, 201, and as to the process of planting eggs on January 37, 201, respectively. < Amended by Act No. 1010, Mar. 25, 2010>

C. On April 4, 2011, Plaintiff A created salt on the part of the Plaintiff, which led to the fluort and the Defendant Council members.

The Defendant confirmed the occurrence of salt on the part of the Plaintiff A’s dental procedure No. 37, and removed the egg and treated the salt, and then re-afforested it after two months.

On May 23, 2011, the Defendant carried out re-afforestation of the eggs to Plaintiff A No. 37 (hereinafter “instant re-afforestation”).

E. On May 24, 201, after the day of the instant re-treatment, Plaintiff A complained of the Defendant for an increase in the volume of the fluorium on the part of the Defendant, and accordingly, the Defendant adjusted the fluorium of Plaintiff A by raising the 2m of the fluorium above the fluorium.

F. Even thereafter, Plaintiff A constantly complained of the foregoing symptoms and pains. From June 15, 2011 to March 7, 2012, Plaintiff A received medical treatment at the Seoul National University Dental Hospital from Seoul National University Hospital. On June 16, 2011, Plaintiff A removed franchis from Defendant Council members No. 37.

G. At present, Plaintiff A remains symptoms of an abnormal pain, crypology, crypology, and spathic crypology due to the damage to the subpathic flaf.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, 5, 8, Eul evidence 1 (including each number, if any) and the court of first instance.