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(영문) 서울고등법원 2016.05.19 2015나2010842
손해배상(의)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid under paragraph 2 shall be cancelled.

Reasons

1. The court's explanation in this part of the facts of recognition is identical to the part of "1. Recognizing facts" among the grounds for the judgment of the court of first instance, and therefore, this part is quoted by the main sentence of Article 420 of

2. Occurrence of liability for damages;

A. The summary of the Plaintiff’s assertion 1) Since the medical personnel at Defendant Hospital damaged the Plaintiff’s balves during the instant first surgery and aggravated the Plaintiff’s balves damage during the treatment process, the Defendant is liable to compensate the Plaintiff for damages incurred to the Plaintiff. 2) The medical personnel at Defendant Hospital lost the Plaintiff’s opportunity to choose whether to undergo the surgery because the medical personnel did not explain to the Plaintiff regarding the balves damage caused by the instant surgery before the instant first surgery, and thus, the medical personnel at Defendant Hospital is liable to pay consolation money.

B. In light of the following circumstances acknowledged as a whole in light of Gap evidence 6-2, Gap evidence 7, Eul evidence 1-1, and Eul evidence 1-5, and the court's fact-finding results as to the head of the Gangseo-hee National Hospital Hospital at the time of the first operation of the instant case, it is insufficient to recognize that medical professionals at the Defendant hospital at the time of the first operation of the instant case caused damage to the plaintiff's non-competence medicine due to erroneous weather, such as flaging the non-competence or damaging the non-competence, etc., and since there is no other evidence to acknowledge this differently, this part of the plaintiff's assertion cannot be accepted.

1. The first operation of this case is that the pelle of the front part of the front part of the right slot line was fixd with the pelle of the front part of the pelle, while the operation was conducted through the front part of the pelle and the inserting part of the front part of the pelle, while the pelle of the front part of the pelle is located at the rear part of the pelle.

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