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(영문) 서울고등법원 2019.12.20 2015재나1055
손해배상(기)
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff (the plaintiff and the selected party).

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or obvious to this court:

The plaintiff is the wife of H, and the Selection and the J are their children.

B. H was discovered on September 16, 1997 while working at the physical point established in the Central Library of Defendant School Foundation B (hereinafter “Defendant B”), and was hospitalized in the K Hospital operated by the said Defendant B (hereinafter “instant accident”).

C. For the following reasons, the Plaintiff filed a lawsuit by asserting that the Defendants jointly and severally were liable for tort damages against the Plaintiff, the designated parties, and H.

Despite the fact that H had caused cerebral typhism at the time of the instant accident, by the teachers of Defendant B and Defendant C, the former president of the Defendant, Defendant C, and Defendant C prepared a false medical certificate by stating that the emergency medical record was false and the name of the sick was false, and Defendant E prepares a false medical certificate by stating the name of the sick as “consulous typosis” and falsely stating that the name of the sick was “consulous typosis,” and Defendant FF also prepares a false medical certificate by stating that the name of the sick was “consulous typosis,” and the records of the medical record were false.

Despite the fact that the Defendants’ aforementioned acts were on duty in the above physical points and caused cerebral transfusions due to credit, H failed to receive benefits from the Korea Teachers Pension Foundation, and was sentenced to a judgment against the Defendants in a related lawsuit seeking compensation for damages.

Although Defendant D, E, F, and G intentionally did not falsely prepare emergency medical records, diagnosis records, and medical history records as above, even if they exercised their ordinary duty of care as a doctor, H’s failure to perform such duty of care is naturally occurring.

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