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(영문) 부산고등법원 2018.01.17 2017나50174
손해배상(기)
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except where the following items are used or added by the court of first instance, and thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In Part 3, each "this Court" of not more than 16 shall be dismissed as "court of first instance".

Under Chapter 5, the following part shall be added to the third following:

【Defendant asserts to the effect that there exists no causal relationship between the assessment of physical strength and the Plaintiff’s brain border. However, in light of the fact-finding results, etc. conducted by the first instance court on September 3, 2015, the materials submitted by the Defendant, including the result of the fact-finding conducted by the head of the Yangsan National University Hospital, the director of the Korean Medical Association on July 14, 2017, and the president of the Korean Medical Association on December 15, 2017, cannot be readily concluded that there exists no causal relationship between physical strength assessment and the Plaintiff’s brain border color, unlike the aforementioned determination, and there is no other material to support the Defendant’s assertion. Therefore, the Defendant’s above assertion cannot be accepted.

2. In conclusion, the plaintiffs' claim of this case against the defendant is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is justified in conclusion, and all appeals by the plaintiffs and the defendant are dismissed. It is so decided as per Disposition.

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