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(영문) 서울고등법원 2017.01.19 2015나21754
손해배상(의)
Text

1. Of the part against Plaintiff A in the judgment of the court of first instance, the amount equivalent to that ordered to be additionally paid under paragraph 2.

Reasons

1. The reasoning for the court’s explanation in this part is the same as “1. Basic Facts” of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

At the bottom of Chapter 2, the part of the 5th 5th 2005 on December 2, 2006, the part of the 2nd 2nd 2nd 2nd 2nd 2nd 2nd 3rd 2006, the part of the 5th 5nd 5nd 5nd 5nd 5nd 5nd 5nd 5nd 5nd 5nd 5nd 5nd 5nd 5nd 5nd 2nd 2nd 2nd 2nd 2nd 2nd 2006 to the "The 2nd 2nd 2nd 3rd 2nd 2nd 2nd 2nd 2nd 2nd 2006.

The part from the bottom of the 5th to the 3th 6th 1st 6th 1st as follows is without dispute (based on recognition), Gap evidence 18, 19, Gap evidence 21 through 25 (including all branch numbers), the result of the commission of physical examination to the chief of the Central University Hospital of the first instance court on January 15, 2013, the result of the entrustment of physical examination to the chief of the National University Hospital of the first instance court on February 5, 2013; the result of the entrustment of the reexamination of medical records to the chief of the National University Hospital of the first instance court on March 7, 2014; the result of the entrustment of the reexamination of medical records on August 22, 2014; the result of the entrustment of the reexamination of medical records supplementation to the chief of the National University Hospital of the first instance court on March 7, 2014; the purport of the entire pleadings.

2. Summary of the plaintiffs' assertion

A. At the time of the execution of the CT inspection, the Plaintiff A had already been in a state of need of an emergency operation with a long-term livering color at the time of the execution of the CT inspection, but the medical personnel of the Defendant B Area Hospital mistakenly diagnosed the Plaintiff as a “contribute color certificate” without any need for an emergency operation. At the same time, the medical personnel of the Defendant B Area Hospital suspected of an emergency operation due to a long-term livering condition requiring an emergency operation, and may require an emergency operation to the Plaintiffs, but it is possible to conduct an emergency operation on the following day, and accordingly, recommended the Plaintiffs to undergo an emergency operation to the large hospital in Seoul.

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