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(영문) 인천지방법원 2016.07.13 2015나53353
손해배상(의)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.

Reasons

1. Occurrence of liability for damages;

A. (1) On May 4, 2010, the Plaintiff received the participatory correction for the correction of ties of ties from the Lee In-person and doctor B belonging to the Plaintiff’s University Hospital (hereinafter “instant surgery”).

(2) The Plaintiff’s weight emerculation was in the form of the upper right emerg deviation.

In the case of a plaintiff, when performing an operation to remove a string of the upper part of the kiston, such as in the case of a plaintiff, which is close to a non-distribution, a proper weight string should be removed so that the co-structure structure does not collapse.

(3) B removed an excessive degree of proportion in performing the instant surgery.

Accordingly, after the instant surgery, there were side effects such as the transformation of the body of decedents, the human body of decedents, etc. to the Plaintiff.

[Ground of recognition] Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 15, or video images; the result of the physical commission to the director of the Synas Hospital at the school of the first instance court; the result of the entrustment to the director of the Synas Hospital at the school of the first instance court; the purport of the whole pleadings

B. (1) According to the above facts of recognition, B performed the instant surgery, while performing the duty of care to remove the adequate degree of the co-building structure so that it does not collapse, and caused the side effects recognized as above by negligence by neglecting such duty of care and removing the excessive degree of the co-building, and thus, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the diagnosis and treatment negligence in B.

(2) The Plaintiff must explain to the Plaintiff the following by specifying that the Defendant’s side did not fully explain the side effects of the instant surgery, including the Plaintiff’s alteration of the body of rest, the bruth, and the bruth B, and even if there was an explanation, the Plaintiff’s specific condition, i.e., the Plaintiff’s risk of suffering from the side effects of the instant surgery, i.e., the body of the right brush, etc.

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