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(영문) 서울고등법원 2015.07.02 2014나13015
손해배상(의)
Text

1. The plaintiff's appeal against the defendants and the claims extended in the trial are all dismissed.

2. Costs of appeal.

Reasons

Basic Facts

The reasoning for this part of the court's explanation is the same as that for the corresponding part of the judgment of the court of first instance, and thus, it is accepted by the main text of Article 420 of the Civil Procedure Act.

The Defendants asserted that the Plaintiff suffered property and mental damage due to the medical negligence of the Defendants in the course of receiving treatment from the Defendants and claimed compensation for the damages as the instant lawsuit. The Plaintiff asserted that prior to the instant lawsuit, a school juristic person operating the instant hospital (hereinafter “foreign juristic person”) filed a lawsuit for damages compensation claim (hereinafter “previous lawsuit”) against the Defendants, and filed a lawsuit for damages claim (hereinafter “previous lawsuit”) against the Plaintiff, but the judgment against the Plaintiff had already become final and conclusive, is contrary to the good faith principle, which is an abuse of the right of lawsuit, and thus, it is unlawful.

According to the evidence evidence Nos. 1, 2, and 3, the plaintiff filed a lawsuit seeking compensation against the non-party corporation as Seoul Central District Court 2008Gahap47201, and the plaintiff appealed against the non-party corporation as the Seoul Central District Court 2008Gahap47201, while receiving treatment on the symptoms, such as scarcity infection and waste collection, from the hospital operated by the non-party corporation, without giving due care and observation to the medical personnel of the hospital of this case, for the plaintiff, and the medical personnel of the hospital of this case administered finium to the plaintiff without taking proper measures against the plaintiff's infection, and the plaintiff did not take proper measures against the plaintiff's infection, and filed a lawsuit claiming compensation for damages on Oct. 14, 2008. However, the appellate court accepted the non-party corporation's appeal and dismissed the plaintiff's appeal as the plaintiff's dismissal on Oct. 14, 2010.

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