Plaintiff (Law Firm Na, Attorney Lee Na-soo, Counsel for plaintiff-appellant)

Seoul National University Hospital and one other (Law Firm Gyeong & Yang, Attorneys Kim Jae-hwan et al., Counsel for the plaintiff-appellant)

School of Annual Generation for School Foundation

Defendant 4 (Attorney Yoon Jae-soo, Counsel for the defendant-appellant)

June 25, 2009

Seoul Central District Court Decision 2007Gahap59603 Decided April 8, 2008

1.The judgment of the first instance shall be modified as follows:

A. The Plaintiff, Defendant Seoul National University Hospital, Defendant 2, and school foundations’ annual households jointly and severally pay 51,119,403 won and 5% interest per annum from December 2, 2005 to July 23, 2009, and 20% per annum from the next day to the date of full payment.

B. The plaintiff's claim against the defendant 4 (Co-defendant of the court below's judgment) and the remaining claims against the defendant Seoul National University Hospital, defendant 2, and school foundation's annual household are dismissed, respectively.

2. The incidental appeal of the Defendant school juristic person’s annual household is dismissed;

3. Of the total litigation costs, the part arising between the Plaintiff and Defendant 4 shall be borne by the Plaintiff, and the part arising between the Plaintiff, Defendant Seoul National University Hospital, Defendant 2, and school foundation’s annual generation schools shall be borne by the Plaintiff, while the remainder shall be borne by the said Defendants.

4. Paragraph 1(a) of this Article may be provisionally executed.

1. Purport of claim and appeal

The judgment of the court of first instance is modified as follows. The defendants jointly and severally pay to the plaintiff 13,468,390 won with 5% interest per annum from December 2, 2005 to the judgment of the court of first instance, and 20% interest per annum from the next day to the date of full payment.

2. Purport of incidental appeal;

Of the judgment of the court of first instance, the part concerning the school of the household of the defendant school foundation is modified as follows. The school of the household of the defendant school foundation shall pay to the plaintiff 19,792,229 won with the interest of 5% per annum from December 2, 2005 to the judgment of the court of first instance, and 20% per annum from the next day to the date of full payment. The remaining claims of the plaintiff are dismissed.

1. Quotation of judgment of the first instance;

The reasoning for this Court’s explanation concerning “1. Basic Facts” and “2. Liability for Damages,” and “B. Determination on Defendant 4,” is the same as the corresponding part of the court of first instance, thereby citing it as it is in accordance with the main text of Article 420 of the Civil Procedure Act.

2. Occurrence of liability for damages;

C. Determination as to Defendant Seoul Dae Hospital and Defendant 2

(1) According to the above facts of recognition, the Plaintiff was born to the Seoul Metropolitan Government Hospital in order to have the flive body of the right bank accurately diagnosed whether or not the flive body of the Defendant was cancer without belief of the results of the diagnosis of the Slives Hospital, and the organizational test may be erroneous in the process of producing the slive body of recovery and slives of tissue block and tissue tests. Thus, Defendant 2, who is a doctor of the Seoul Metropolitan Government Hospital, was to recover and conduct a reinspection, separate from the examination opinion of the Slives Hospital, and to conduct a reinspection, at least the slive body test conducted by the Slives Hospital, and was to receive a re-inspection of the slive body of the Plaintiff’s right bank at least with the slives hospital conducted by the Slives Hospital, and was responsible for the Plaintiff’s failure to perform the 10th of the 20th of the 10th of the 2nd of the 10th of the 2nd of the 2005th of the 10th of the surgery.

(2) Determination as to the above Defendants’ assertion

Defendant 2: (a) performed an examination by the Synish Hospital without reliance on only the results of the examination; (b) conducted an examination by the head of the relevant Sinish University, the head of the relevant Sinish University, the head of the relevant Sinish University, the head of the relevant Sinish University, the head of the relevant Sinish University, and the head of the relevant Sinish Hospital, the head of the relevant Sinish Hospital, the head of the relevant Sinish Hospital, the head of the relevant Gu, the head of the relevant Sinish Hospital, the head of the relevant Gu, the head of the relevant Gu, the head of the relevant Gu, the head of the relevant Gu, the head of the relevant Gu, the head of the relevant Gu, the head of the relevant Gu, the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu, and the head of the Sinish University.

3. Determination as to the assertion on limitation of liability for damages

Defendant Synish Hospital asserted that since the Plaintiff was under the diagnosis of malicious life of the river basin and the Gapthy site after the instant surgery, the instant surgery, which removed part of the organization of the river basin, should be reduced in the amount of damages since it was performed useful surgery for the Plaintiff in need of the river basin cancer operation, and therefore, according to the results of inquiry into the National Health Insurance Corporation by the court of first instance, it can be acknowledged that the Plaintiff was under medical treatment after receiving the diagnosis of malicious life of the river basin and the Gapthy site after March 2007, but there is no data to confirm the identity of the father who performed the instant surgery, and if cancer occurred after the instant surgery, it cannot be deemed that the instant surgery had been performed in a useful way to the Plaintiff, and therefore, the above Defendant’s assertion is without merit.

4. Scope of liability for damages

(a) Actual income:

The plaintiff asserts that he is responsible for compensating for damages caused by the loss of labor ability of 40% since he was unable to engage in work other than minor labor after the surgery of this case. Thus, the plaintiff's scambling of 1/4 part of the Plaintiff's rightheading away from the operation of this case. The fact that the operation of this case scambling from the operation of this case to the right chest left due to the operation. As seen above, according to the result of the court of first instance and the court of first instance on the part of the head of the Hanyang National University Hospital and the head of the Hanyang National University, Seoul National University of Korea and the court of first instance on the part of the court of first instance on the part of the court on the part of the scambama Hospital, etc., the plaintiff may be admitted to the fact that the plaintiff appeals to the current right shoulder of this case, but the above symptoms raised by the plaintiff cannot be objectively assessed as the loss of labor ability.

(b) Expenses for medical treatment;

According to Gap evidence Nos. 13-1 through 17, the plaintiff paid 2,311,750 won in total to the Seoul Alternative Hospital and the Synas Hospital in relation to the instant operation.

(c) Expenses for future treatment;

Comprehensively taking account of the overall purport of the arguments as a result of physical examination of the court of the first instance for the head of the Hanyang University, Seoul Hospital, the method of re-building using an ordinary organization is used to solve the problem of re-buildinging, and the method is required to use the re-building 1,009,050 won in the first round and the second round 11,009,050 won in the second half, and the half-round 16,225,210 won in the first round 5,216, and the half-round 16,00 won in the first round 16,216,160 in the first round 16,00 won in the first round 16,00 won in the first round 16,000 won in the first round 16,000 won in the first round 16,000 won in the first round 26,000 won in the first round 26,000 won in the first instance.

(d) Condolence money;

35,000,000 won shall be determined in consideration of the details of the instant surgery, the circumstances after the surgery, the Plaintiff’s labor ability loss rate with respect to the right shoulder, arms’s pain, and the symptoms of the fact that it is difficult for the Plaintiff to calculate the labor ability loss rate, and the Plaintiff’s age, family relation, and other various circumstances shown in the oral proceedings.

E. Sub-committee

Therefore, the defendant Seoul Special Hospital, the defendant 2, and the Syna Hospital jointly and severally liable to the plaintiff 51,19,403 won (=2,311,750 won +13,807,653 won +35,000,000 won) and the damages for delay calculated by the rate of 20% per annum from the date of the instant operation to the date of the final judgment of the court of the court of the first instance until July 23, 2009, which is the date of the instant operation.

5. Conclusion

Therefore, the plaintiff's claims against the defendant Seoul National University Hospital, defendant 2, and school juristic person's annual household schools are accepted within the above scope of recognition, and each of the remaining claims against the above defendants and the claims against the defendant 4 are dismissed as it is without merit. Since the judgment of the court of first instance is unfair in some different conclusions, the plaintiff's appeal is partially accepted, and the judgment of the court of first instance is modified as above, and the incidental appeal against the defendant Boba Hospital is dismissed as it is without merit. It is so decided as per Disposition.

Judges Sung-dae (Presiding Judge) (Presiding Justice)