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(영문) 부산지방법원 2015.01.15 2014나44793
손해배상(의) 등
Text

1. Of the judgment of the court of first instance, KRW 8,355,200 against the Plaintiff and its related thereto, from May 16, 2012 to January 15, 2015.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion

A. The Defendant did not explain to the Plaintiff the method of procedure, anticipated side effects, etc. prior to each of the instant several alcohols.

B. 1) The purpose of the Plaintiff’s correction of the instant Section 1 was to obtain an image with a high coconcison, even though it was performed by the Defendant, the Defendant was to have a higher coconcison, and the Plaintiff’s coconcison had a higher coconcison, and there was a symptoms of chrecison that had not been done before the correction of the said Section 1, and due to the symptoms of chrecison. 2) The Defendant caused an imbalance between the Plaintiff’s right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and interest of the Plaintiff were

3. Determination

A. In light of the nature of the liability for damages caused by breach of the duty to explain, sexual surgery does not require urgency, even if a sexual surgery is conducted, it is expected that the appearance would be somewhat simple, and the situation after the surgery would vary from the patient's subjective expectation. In particular, in cases where side effects occur after the surgery, the patient suffers from mental pain or may be interfered with external activities. As such, the doctor is obliged to explain the method and necessity of treatment, general side effects, as well as the improvement conditions after the surgery, so that the patient can choose whether to receive the medical act by sufficiently considering the symptoms and side effects caused by the surgery.

The Defendant’s testimony of the witness E of the first instance trial alone, as to the instant case, shall be deemed to have been made to the Plaintiff prior to each of the instant cases.

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