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(영문) 서울고등법원 2019.10.10 2018나2037084
손해배상
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) on the principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the case, is that the court of first instance, has dismissed some of the judgment of the court of first instance, and except for the addition of the following '2. Additional Judgment' as to the assertion that the plaintiff emphasizes or added in this court, it is identical to the part of the reasoning of the judgment of the court of first instance. Thus, it is acceptable as it is by

In the part of the judgment of the first instance, 10 am in the 4th 2th 2th 2th 2014, "the defendant has a duty to explain when he first prescribed, changed, and added drugs to the plaintiff, and how to deal with the side effects and side effects of the drugs when he added, he did not explain to the plaintiff about the side effects, efficacy, and side effects of the above drugs while prescribing New Fran, spack, spack, and spack, and did not explain to the plaintiff about the measures to cope with the side effects, effects, and side effects of the above drugs. Around July 5, 2014, the plaintiff did not explain about the side effects such as the suspension of each drug and new uniforms, and did not explain them to the plaintiff, and the plaintiff did not voluntarily pay 00 won for mental suffering to the plaintiff due to the above violation of his duty of explanation."

Paragraph 2 B of the first instance judgment.

2) To delete all parts of paragraphs 2(b)(3) and

The plaintiff had withdrawn his argument on this part in the first instance.

2. Additional Determination - Determination on the assertion of breach of duty of care during medical treatment

A. The Plaintiff’s assertion that New Franchis as prescribed by the Defendant is a drug that served as a major negotition and its receiving body and delivery body, and where the Plaintiff’s exercise of his/her own clothes may cause neuma (e.g., drums, areas, anxietys, etc.) and thus, it should be reduced as soon as possible. However, a year of New Franchis with high risk of the outbreak of neumasis to the Plaintiff.

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