1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The defendant is a dentist operating a C dental hospital.

B. On April 16, 2012, the Plaintiff received flag removal surgery, etc. from the Defendant, on April 19, 2012, on April 19, 2012, on glag removal and gromatic surgery, etc., and on April 20, 2012.

C. On April 20, 2012, the Plaintiff introduced by the Defendant, received dental treatment from D, and from E dental clinics on April 21, 2012, the Plaintiff received dental treatment from E dental clinics, which was a general hospital on April 23, 2012.

While the Plaintiff was receiving treatment as above, the spawn farming was spreading to the spawn side. Accordingly, the Plaintiff’s spawn and the spawn spawn spawn spawn spawn spawn swn, so far,

[Ground of Recognition] The facts without dispute, Gap evidence 2-1 to 9, Eul evidence 1-1 to 1, the records or images of Eul evidence 1, the result of the physical commission to the head of the Dong University Hospital in the first instance court, and the result of the physical commission to the head of the Busan University Hospital (the subject of rehabilitation), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff asserts that the defendant's error, such as the defendant's failure to use dental appliances during the treatment process, caused the plaintiff's spawn farming to spread to the spawn.

In the case of a medical accident, the causal relationship between the medical negligence and the result should be presumed in the case where the victim proves that there was no health defect that could be the cause of the result before the medical act, and the causal relationship between the medical negligence and the result should be presumed.

(See Supreme Court Decision 2004Da52576, Sept. 30, 2005). However, in this case, the Defendant used dental appliances that were not disinfected while treating the Plaintiff.