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(영문) 인천지방법원 2020.12.10 2019나66524
손해배상(의)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the following “the part which is dismissed or added.” Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part 1 that is dismissed or added: (a) The second part of the grounds of the judgment of the court of first instance, “ May 3, 2015,” “from May 23, 2015,” “from January 16, 2017 to May 23, 2015.” (b) The second part of the grounds of the judgment of the court of first instance, “from that following the date,” “from January 16, 2017 to that of May 16, 2017.”

3) On January 25, 2017, “B” around January 26, 2017, following the reasoning of the judgment of the first instance, around 17:00 “B” 19:0 “B,” which is the ground of the judgment of the first instance, around January 26, 2017.

5) The grounds of the judgment of the first instance are as follows. However, in light of the nature of the duties of managing human life, body, and health in performing medical acts, a physician shall take the best measures required to prevent risks depending on the patient’s specific symptoms or circumstances at the time of performing medical acts, and, in cases where it is difficult to provide appropriate treatment to, or take such measures, take measures for transferring the patient to another hospital capable of providing professional treatment (see, e.g., Supreme Court Decision 2000Da55744, Jul. 27, 2001). In addition, in cases where a physician violates his/her duty to explain and requests compensation for consolation money against the patient’s failure to choose and the patient’s failure to exercise his/her right to self-determination, it is sufficient to prove that he/she lost the opportunity of choice due to lack of explanation or lack of explanation, but it is sufficient to prove that he/she would not have obtained any significant relation.

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