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(영문) 대전지방법원 2015.10.27 2014나6976
손해배상(의)
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

The court's explanation on this part is consistent with the reasoning of the judgment of the court of first instance except for the revision and addition of the judgment of the court of first instance as follows. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

Therefore, the plaintiffs' claim shall be dismissed as it is without merit, and the judgment of the court of first instance is just and it is so decided as per Disposition by the court of first instance.

【No. 5-6 amendment of the first instance court’s 4th trial judgment’s 5-6th amendment’s ’n.e., a breach of the duty to explain’ (n.e., a breach of the duty to explain). In addition, the Plaintiffs asserted that the Defendant G did not directly evaluate the condition, symptoms, etc. of the deceased through the direct diagnosis of the deceased even though they were the Defendant G. However, the doctor was Defendant F, and Defendant F had invited Defendant G, and Defendant G had performed the operation. According to the commission of appraisal to the president of the medical association of the court of the first instance, the doctor’s association of the court of the first instance reported the patient’s doctor’s services. Thus, Defendant F, as the principal doctor of the court of the first instance, appears to have known Defendant G of the status of the deceased necessary for the operation and information on symptoms, and the fact that Defendant G did not directly examine the deceased, it is also difficult to deem that there was any negligence on this part of the medical care.

【The Plaintiffs asserted that the Defendant did not add all of the 7th final judgment at the bottom of the 5th final judgment of the first instance court, namely, that the size of the blood species was significant as a result of CT implemented by the first instance court. Therefore, even if all of them were immediately left, the Deceased could have recovered through an emergency operation before reaching the irrecoverable state due to brain pressure increase.

The patient's situation, the doctor's level of medical care at the time.

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