The judgment below is reversed, and the case is remanded to Daejeon District Court Panel Division.

The grounds of appeal are examined.

1. If a physician fails to perform his/her duty of care as a good manager, and the bodily function of the patient was damaged irrecoverablely, and only the treatment was continued to the extent that the recovery of the post-treatment or the prevention of any further aggravation after the damage was inflicted on the patient, the medical treatment of the patient is not based on the substance of the medical treatment obligation, or is merely conducted as a part of the damage transfer, and thus, the hospital’s side cannot claim for the payment of the surgery and medical expenses against

(see, e.g., Supreme Court Decisions 92Da15031, Jul. 27, 1993; 201Da28939, Nov. 27, 2015). Such a legal doctrine applies likewise to cases where a patient was able to fully file a claim for future treatment costs anticipated to be paid after a certain period of time in the previous lawsuit and, if the patient actually filed a claim, the claim would have been accepted as part of active damages. However, the patient omitted the claim for future treatment costs in the previous lawsuit, barring special circumstances, such as where the patient’s claim for a separate lawsuit conflicts with res judicata effect of the final and conclusive judgment of the previous lawsuit and is not permitted under the Civil Procedure Act, even in cases where the patient’s omission in the previous lawsuit would be deemed to have waived such claim.

2. Review of the reasoning of the lower judgment and the record reveals the following facts.

The first medical lawsuit No. 1) Defendant A received surgery and medical treatment from the medical personnel belonging to the Plaintiff on May 1998, and as a result, Defendant A received an operation and medical treatment from the medical personnel belonging to the Plaintiff, and as a result, Defendant C and D (hereinafter “Defendant A, etc.”)’s child C and D (hereinafter “Defendant A, etc.”).

(2) On January 17, 2003, the appellate court (Seoul High Court 2000Na6368) recognized the negligence of medical personnel belonging to the Plaintiff, and the female of Defendant A is presumed to be April 23, 2004 (the life expectancy of 4.43 years).