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(영문) 서울중앙지방법원 2020.11.10 2018가단5258374
손해배상(의)
Text

1. The successors of Defendant B and the Defendant (Withdrawal) jointly do so to the Plaintiff as well as KRW 3 million on December 18, 2017.

Reasons

1. Basic facts

가. 원고는 2017. 12. 18. 피고 B이 운영하는 ‘E피부과’에서 써마지 CPT 시술(피부에 고주파를 쐬어 피부 진피층의 콜라겐에 열을 발생시킴으로써 새로운 콜라겐을 합성하여 탄력을 개선하는 시술, 이하 ‘이 사건 시술’이라고 함)을 받던 중 얼굴에 화상을 입었다.

B. The equipment used in the instant procedure, the calculator machinery and the calculon preserving the calculator, is the product imported by the Defendant Co., Ltd. (hereinafter “Withdrawaling Defendant”).

C. On August 1, 2019, the succeeding intervenor entered into a contract for business takeover with the Defendant, which is pending in the instant lawsuit, and took over all obligations related to the Defendant’s business.

[Grounds for Recognition: Entry of Evidence No. 3, the purport of the whole pleadings]

2. Determination

A. (1) The Plaintiff, as to the existence of Defendant B’s liability or negligence in the process of the instant procedure, asserts that the Plaintiff first suffered pictures with the care of care in the instant procedure. However, there is no obvious evidence to acknowledge this, the allegation in this part is rejected.

(B) As to the violation of the duty to explain, cosmetic treatment is conducted for the purpose of obtaining or increasing the external and aesthetic satisfaction of a patient, a doctor who has been requested to perform cosmetic treatment is highly weak in urgency or inevitable compared to other medical acts for the purpose of treating a disease. As such, a doctor who has been requested to perform cosmetic treatment must carefully select and recommend the client's method of procedure, etc. to realize the specific result of the client's desired, based on his or her own external appearance and the following professional knowledge. The necessity, degree of difficulty, method of procedure, what degree the patient's external appearance changes through the procedure, risk of occurrence, side effects, etc., and the client's gender, age, occupation, and experience in cosmetic treatment.

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