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(영문) 대구지방법원 2016.05.11 2015나309184
손해배상(의)
Text

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

The claims of the plaintiffs (appointed parties) and the designated parties are dismissed.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows. The part of the defendant's responsibility stated in the fourth to fourth from the fourth to the bottom of the judgment of the court of first instance as follows. The plaintiff's "Plaintiff" is "Plaintiff (Appointed Party)" and "Plaintiff B" are as stated in the judgment of the court of first instance except for each dismissal as "Plaintiff C," "Plaintiff C," and "Plaintiff D," and thus, it is identical to the entry of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. In order for the Defendant, an oriental medical doctor of the part used to be recognized as an occupational negligence in the course of treating the Appointer C, the Defendant, at the level of general medical reality and medical science, could have predicted the occurrence of low temperature images to the Appointer C on the level of medical science. However, the Defendant’s act of violation of the duty of care, such as not breaking the scope of reasonable medical practice and bringing the victim into the skin of the victim’s body without putting a significant strut, etc., which goes beyond the scope of reasonable medical practice. In full view of the above circumstances acknowledged when considering the opinion of the doctor or oriental medical doctor and the Defendant’s opinion at the time of treatment of the Defendant’s Appointer C, the instant images suffered by the Appointer C are relatively low temperature exposed to a long time at the temperature of relatively low temperature, and ② 10 minutes at the temperature of 45 cc for the occurrence of low temperature pictures, which is merely about 10 minutes at the temperature of 10 minutes to the Appointer C, and ③ 10 minutes at the average temperature or 4 minutes.

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