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(영문) 서울중앙지방법원 2017.07.12 2016나63448
손해배상(의)
Text

1. The plaintiffs' appeal and the claim extended in the trial and the defendant's appeal are all dismissed.

2. Appeal;

Reasons

1. Basic facts and

2. The court's explanation on this part of the grounds of the judgment of the court of first instance concerning the occurrence of liability for damages is the same as the reasoning of the judgment of the court of first instance, except for dismissal or addition of the following matters among the grounds of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420

Part 14, 15, 3, 5, 4, 15, 18, 19, 5, 2, 4, 5, and 6, the part of “Plaintiff A” and the part of “Plaintiffs” described in Part 3, 9, all of “A” are amended to “A”.

In addition to Paragraph 20 and 21, the part of Paragraph 4, “the damage incurred by the Plaintiffs due to the pulmonary cancer continued to Plaintiff A and the Plaintiffs, who were their spouse, succeeded to the 3/7 shares of Plaintiff B, and the 2/7 shares of Plaintiff C and D, respectively,” should be corrected to “the damage incurred by the Plaintiffs due to the pulmonary cancer continued to Plaintiff A’s early diagnosis and treatment of the pulmonary cancer.”

3. Scope of liability for damages

A. The Plaintiffs claim that the Defendant is obligated to pay KRW 19,263,70 for property losses incurred from the death of the Defendant to the Plaintiffs, namely, KRW 62,538,517 for lost daily income, KRW 17,102,060 for medical expenses, and funeral expenses KRW 19,263,70 for property losses.

On the other hand, the damage claimed by the plaintiffs is premised on the premise that the treatment of A was not in progress without the negligence of the defendant recognized above, and whether the progress or transmission of A was at a speed or a recurrence is not specified depending on various factors, such as age, body quality, gender, etc. Therefore, it is difficult for the medical personnel of the defendant hospital to accurately understand that the diagnosis and treatment of A was delayed due to the above negligence of the medical personnel of the defendant hospital, which affected the progress or transition of the pulmonary cancer, and in particular, it has passed three or more years from the time of the examination of the defendant hospital to the time of the pulmonary cancer diagnosis of A.

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