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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. A. On September 17, 2009, the Plaintiff visited the Defendant and C to undergo a dump removal procedure, which is jointly operated by the Defendant and C (hereinafter “Defendant hospital”).
B. C On September 17, 2009, the Plaintiff’s eye, U.S., and Ethye procedure were conducted. On September 18, 2009, C performed hysium crysium surgery on the part of gysium and gysium, and conducted supplementary surgery on September 25, 2009.
C. On June 1, 2010, the Plaintiff visited the Defendant Hospital, stating that what is the side effects of the scopic procedure are confined to the skin, due to the side effects of the scopic procedure.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion 1) caused C’s side effects due to C’s negligence in the course of the surgery and the stop and the stopology of the organization under the skin and the skin. Also, C did not fully explain that such side effects may occur prior to the procedure. 2) The Defendant is jointly and severally liable for employer or partner as C’s employer. The Defendant is obligated to compensate C’s damages of KRW 10 million (2,00,000,000,000 and KRW 115,410,000, and KRW 2,115,410, and KRW 7,884,590, as well as KRW 7,84,590).
B. 1) The Defendant’s ground for liability is that the other partner is the employer at the same time who is the partner of the managing partner in the case where the person in a partnership relationship entrusts the business to one of the partners and has the other partner manage the business jointly. Thus, the other partner is the employer who is the partner of the managing partner (see, e.g., Supreme Court Decision 2005Da65562, Mar. 10, 2006). 2) As to the instant case, as recognized earlier, the Defendant jointly operated the Defendant Hospital with C. As such, the Defendant is the employer who is the partner of C.