The court has entrusted the head of the affiliated hospital of a university with physical appraisal, and accordingly the head of the hospital has designated his/her affiliated physician as an appraiser and has the doctor prepared and sent under his/her own name.

The court shall entrust the head of the affiliated hospital to conduct physical appraisal, and accordingly, the head of the relevant hospital designated as an appraiser and the doctor prepared and sent under his/her own name. However, the response of the head of the hospital prepared by the above appraiser who was sent under the name of the head of the relevant hospital by the court to inquire about the fact to the head of the relevant hospital shall not be deemed as the result of the entrustment of appraisal to natural persons, but shall be deemed as the result of the entrustment of appraisal to the agencies under Article 314 of the Civil Procedure Act. Therefore, the above written appraisal

Article 314 of the Civil Procedure Act

Supreme Court Decision 82Da317 delivered on August 24, 1982

Plaintiff

Samcheon Co., Ltd., Counsel for the defendant-appellant

Seoul High Court Decision 84Na3258 delivered on July 26, 1985

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal are examined.

However, according to the records, the first instance court entrusted the physical examination of the plaintiff to ○ University Hospital Head as evidence, and accordingly, designated the non-party to such hospital head as appraiser and sent the written expert examination under the name of the non-party to the above non-party. The fact-finding inquiry report prepared by the court below is obvious that the court below did not inquire the head of the above hospital head and sent the written expert examination to the court below under the name of the non-party to the above non-party. The above written expert examination report by the court below is not a result of the entrustment of the expert examination to the agencies under Article 314 of the Civil Procedure Act, and it is not a result of the above fact-finding, and it is not a result of the examination of the non-party to the above non-party, which was sent to the court below under the name of the head of the hospital. Thus, it cannot be viewed that the court below erred in the misapprehension of the legal principles as evidence of the court below's finding that the above written expert examination or reply can not be admitted as evidence after its conclusion.

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

Justices Kim Jong-sik (Presiding Justice)