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(영문) 서울고등법원 2016.06.23 2015나2040294
손해배상(의)
Text

The plaintiff (Counterclaim defendant)'s appeal as to the main lawsuit and the plaintiff (Counterclaim defendant)'s successor to the lawsuit are against the defendant (Counterclaim plaintiff).

Reasons

Basic Facts

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

Part 4 of the first instance court's decision [based on recognition] is the following: "No dispute exists, Gap's evidence Nos. 1, 2, 4, 5 (including all of its branch numbers, as long as the family identification cards are not specifically classified and specified; hereinafter the same shall apply), Gap's evidence Nos. 1, 1 through 9, Eul's evidence Nos. 1 through 13, Eul's evidence Nos. 1 and 1 through 8, the result of the first instance court's physical entrustment to the director of the Seoul Medical Center, the result of the first instance court's entrustment to the director of the Seoul Medical Center and the director of the Central University Hospital, and the purport of the whole pleadings."

Part IV of the judgment of the first instance.

The Plaintiff A (hereinafter referred to as “the deceased”) prior to the filing of the lawsuit had been receiving treatment by symptoms such as heating, etc. from June 19, 2012 to July 8, 2012, and was receiving treatment from the set-off white hospital located in Seoul Special Metropolitan City Nowon-gu (hereinafter referred to as “Offset white hospital”), and was receiving treatment from the Seoul Jongno-gu Seoul Metropolitan Government University Hospital (hereinafter referred to as “Seoul Metropolitan University Hospital”) on July 5, 2012 (hereinafter referred to as “the first instance court’s first instance judgment”) on July 21, 2012, the Plaintiff A (hereinafter referred to as “the deceased”) died on September 21, 2015 when receiving emergency care, and accordingly, the Plaintiff and his/her spouse were jointly taking over the Plaintiff’s property-friendly (hereinafter referred to as “the first instance court’s first instance judgment”).

Part IV of the judgment of the first instance.

The term “Defendant University Hospital” in paragraph (2) of the same Article shall read “Defendant University Hospital.”

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