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(영문) 대법원 2015.11.26 2013다28742
손해배상(의)
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

In light of the circumstances indicated in its reasoning, the lower court determined that Defendant E was liable for compensating the Plaintiffs for damages suffered by the Plaintiffs, respectively, as the tortfeasor himself/herself, and the Defendant Hospital partially accepted the Plaintiffs’ damages claim against the Defendants, unless it proves that the Plaintiff’s present symptoms of the Plaintiff A were caused not by any mistake in the instant surgery, but due to any cause entirely different from those arising from the instant surgery.

The judgment below

Examining the reasoning of the judgment below in light of the relevant legal principles and records, although there are some inappropriate parts in the reasoning of the judgment below, the conclusion that recognized the Defendants’ liability for damages on the premise that Defendant E was negligent in the course of the instant surgery is acceptable. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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