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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1. The first instance court;
Reasons
1. The reasoning for the court’s explanation in this part is that “1. Basic Facts” is the same as the reasoning for the judgment of the court of first instance, except for the case where the part of the part of the court of first instance is "the court of first instance", and therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act. 2. The reasoning for the court’s explanation in this part as to the gist of the Plaintiff’s assertion is that “2. The Plaintiff’s assertion” is the same as the reasoning for the judgment of the court of first instance except for the case Nos. 43 to 15. 4. 15.
The defendant is liable for compensating for damages sustained by the plaintiff due to the failure to perform the operation in this case and the subsequent observation process as follows. Thus, the defendant is liable for compensating for damages sustained by the plaintiff due to the non-performance or tort of KRW 195,940,553 [197,325,242 won (10,51,670 for future treatment expenses of KRW 10,51,670 x limitation of liability of KRW 50%].
3. Determination as to medical malpractice assertion
A. The applicable legal doctrine 1) When a physician provides medical treatment such as medical treatment, he/she has a duty of care to take the best measures required to prevent risks depending on the specific symptoms or circumstances in light of the nature of the duties to manage human life health. However, such duty of care should be determined based on the level of medical treatment performed in the field of clinical medicine, such as medical institutions, etc. at the time of performing medical treatment (see, e.g., Supreme Court Decision 9Da66328, Jul. 7, 2000). In addition, medical treatment is an area requiring high level of expertise and is a general person, other than an expert, who is not an expert, whether he/she has violated the duty of care in the medical process of doctor, or whether there exists causation between the violation of the duty