1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the plaintiffs falling under the above revoked part shall be revoked.

1. The court's explanation on this part of the facts of recognition is the same as the reasons stated in Paragraph 1 of Article 420 of the Civil Procedure Act. Thus, this part of the judgment of the court of first instance is cited as it is.

2. The assertion and judgment

A. The relevant legal principles are areas requiring high-level expertise, which are not professionals, and extremely difficult to clarify whether a doctor's duty of care has been violated in the course of medical practice, or the causal relationship exists between the breach of such duty of care and the occurrence of damages. Thus, in a claim for damages arising from a violation of a duty of care in the medical practice, the victim's act of medical negligence based on the ordinary common sense cannot be verified in the course of a series of medical practice, and the result cannot be included in any other causes than a series of medical practice. In the case where the patient proves that there was no health defect that could cause such a result before the medical practice, the burden of proving the causal relationship between the medical negligence and the result can be mitigated so that the patient can be exempted from liability for damages by estimating the causal relationship between the medical negligence and the result. However, even in this case, the existence of medical negligence based on the ordinary common sense should not be proven from the patient's side, but it does not permit the doctor to bear the burden of proof without negligence.

(See Supreme Court Decision 2005Da41863 Decided May 31, 2007, etc.). A doctor in charge of human life and health requires the best duty of care necessary to prevent danger in light of the nature of his/her duties in light of the nature of his/her duties. Therefore, a doctor is obliged to give due attention to all the circumstances, such as the effect and side effect of the treatment method, based on the patient’s state sufficiently and the medical knowledge at the time of the treatment.