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(영문) 광주지방법원 2017.12.08 2017나55311
손해배상(의)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

In the court of first instance, the plaintiff sought compensation for mental suffering from the defendant's violation of the defendant's medical malpractice and duty to explain, and the court of first instance recognized only the defendant's violation of duty to explain.

Accordingly, since only the defendant appealed against the whole part of his loss, the object of this court's adjudication is limited to the claim for consolation money due to the defendant's violation of the duty to explain.

Basic Facts

On February 2, 2010, the Plaintiff was diagnosed to be suspected of the Athro-ray cancer as a result of the Defendant Hospital’s implementation of the Athro-ray ion at the Defendant Hospital. On June 201, the Plaintiff re-execution of the Athro-ray ion at the Defendant Hospital on the left-hand side. As a result, the size of the thro-ray ion increased by at least 5 meters, and the Plaintiff was diagnosed to be suspected of the Athro-ray ion cancer.

As a result of the organizational inspection, the doctor of the defendant hospital diagnosed that there is a fluorite and the central upper part of the plaintiff's left upper part of the body, and on June 13, 2011, the plaintiff was conducted at the defendant hospital with A's house with A's house, and received A's upper part of the body and the light fluorite (hereinafter "the instant operation").

Since then, the Plaintiff was diagnosed as marithic and marithic training in Gangnam-gu Sylle Hospital around October 201, when the Plaintiff received treatment in relation to the above symptoms through D non-humane, etc., and was hospitalized in Gangnam-gu Sylle Hospital from October 24, 201 to October 31 of the same month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including additional numbers), testimony of witness E of the first instance trial, and argument of the parties to the whole purport of the pleadings, C alleged by the parties to the dispute, can immediately be able to the right-hand mariana in the case of damage to the right-hand marithal, but it is required to explain it before performing the marithal cutting operation on the right-hand side

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