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(영문) 서울고등법원 2015.04.15 2014나4875

손해배상 등

Text

1. Defendant A, Defendant B, and Defendant B of the first instance judgment, including a claim partially changed in the trial.

Reasons

1. Object of the adjudication of this court after remand;

A. In the first instance court, the Plaintiff filed a claim for damages equivalent to the medical care benefit cost against the Defendants, and the first instance court dismissed or dismissed the claim or the part of the lawsuit against the Defendant Mecar Korea Co., Ltd., and partly accepted the remainder of the claims against the Defendants.

B. As to this, the Plaintiff appealed the entire part against the Defendants, and the remainder of the Defendants, other than Defendant Co., Ltd., also appealed against the entire part against them.

The plaintiff withdrawn his claim as to the medical treatment portion from the trial before remanding to November 24, 2005, and reduced the claim amounting to 60,752,576 won and delay damages. The court of the trial before remanding the plaintiff's claim amount to 42,526,80 won are the Corporation's charges borne by the plaintiff, and the remaining 18,225,773 won is the patient's principal charges, and the remaining 18,225,73 won was the patient's charges, and the remaining defendants' appeals except the defendant Mecar Korea were accepted, and the part accepting the claim as to the above defendants in the judgment of the court of first instance was revoked, and the plaintiff dismissed all of

C. As to this, the Plaintiff filed an appeal against the Defendants only about 42,526,803 won, excluding the principal’s share, and damages for delay. The Supreme Court accepted the Plaintiff’s appeal and reversed the judgment of the court prior to the remand and remanded to this court. As such, the scope of the judgment of this court is limited to the Plaintiff’s claim against the Defendants and the damages for delay.

2. Basic facts

(a) Biological equivalence test in a biological equivalence test (hereinafter referred to as "biological equivalence test") refers to a biochemical test that shows that the biological equivalence test in which the biological equivalence test is conducted to prove that the biological equivalence test in two preparations containing the same major components is statistically equal;

Medicine industry is July 1, 200.