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(영문) 서울고등법원 2017.05.25 2014나38786
손해배상(의)
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The reasons why the court of the first instance should explain concerning this case are as follows: (a) the court of first instance shall be “court of the first instance” from the date following the second judgment of the first instance; (b) the parts as stated in the first instance court from the date above to the date above (c) the first instance court shall be “court of the first instance”; and (d) the parts as stated in the first six to the fifth below shall be changed as follows; and (c) the defendant shall add the judgment as to the assertion added or emphasized by this court as to the counterclaim claim as stated in the second judgment, and therefore, (d) the reasons why the court of the first instance shall accept it as they are,

2. Goon portion (4) According to X-ray film taken by the Defendant on June 22, 2007 by a National Assembly member, the Defendant appears to have a decrease in sound string together with the alley on the left side outside the upper half of the presidential frame.

However, according to the medical record appraisal request with respect to the director of the Korea University Ansan Hospital at the court of first instance, the above reading result shows symptoms that can be seen as the defendant's sexual dystyposis for the above examination when determining ex post facto the defendant's sexual dystyposis was caused, and it is difficult to symphere only by simple radiation photographs, and it is necessary for an additional examination. The result of the above examination is that the medical staff of the plaintiff hospital did not proceed to an additional close examination for the examination of the dypulpum dyposis. Thus, it cannot be viewed as negligence that the medical staff of the plaintiff hospital did not go to the additional close examination for the examination of the dypulposis.

3. Additional determination

A. (1) The Defendant’s assertion (1) negligence due to the erroneous and transitional observation, and the medical personnel at the Plaintiff hospital’s hospital due to medication, the Defendant, while receiving the first medical treatment at the Plaintiff hospital, was found to have been infected by the active wing infection.

In the first time, the defendant had a pain only on the left-hand side and on the left-hand side, but the symptoms were serious since May 9, 2007, and there is a new pain.

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