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(영문) 서울고등법원 2020.10.29 2018나2023115
채무부존재확인
Text

All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim claims extended by this court are dismissed.

after the filing of an appeal.

Reasons

1. The reasons for the entry of this case by the court of first instance concerning this case are as follows, and the part of the judgment of the court of first instance is modified as stipulated in paragraph (2) below, and the reasoning for the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the Defendants added a new judgment on the allegations in this court as stated in paragraph (3)

(hereinafter the meaning of the abbreviationd language used in this context is the same as the judgment of the court of first instance). 2. Amendment of the 5th page "This Court" shall be added to "the court of first instance".

The 6th parallel 2 to 9th parallels shall be followed as follows:

Inasmuch as Plaintiff B caused Plaintiff B’s death of a child due to medical negligence as set forth below, and did not perform its duty to explain properly, Plaintiff B is a tort. Plaintiff A, as an employer of Plaintiff B or as a party to a medical contract, jointly paid KRW 245,596,175 [219,763,787 [219,763,787 [219,527,575 won [20,000 won in total of the lost child’s damages (i.e., KRW 379,527,575 won in lost income)] 1/2 of the deceased treatment cost of KRW 832,388 in total, KRW 5,00,00 in funeral expenses, KRW 20,000,000 in total, KRW 20,000 in total,00 in total, and KRW 239,787,707,700] and damages for delay to Defendant C’s tort liability as above]

The evidence of the first 9th 14th 14th , "the foregoing evidence and evidence shall be stated in the evidence of the first 12th , and each of the results of the request for the supplementation of medical records to the chief of the Korea Medical Dispute Mediation and Arbitration Agency."

Part 9, Chapters 20 through 15, of the 10th page, "However," has been made as follows:

However, with respect to the net fetus heart crew recorded in the NST inspection site and the defendant C's self-cataception crew, the H Hospital's appraisal by November 10, 2015 is around 11:50 to 12:30.

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