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(영문) 서울중앙지방법원 2019.01.24 2018나36600
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for this court’s explanation are as stated in the reasoning of the judgment of the court of first instance, except for addition or dismissal under paragraph (2) below. Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A part concerning addition or height;

(a) improving the F in Part 3 of the first instance judgment “F” in Part 12 “C;

(b)Nos. 3, 14, and 15 of the first instance judgment are as follows.

"In the absence of dispute", entry of Gap 3 through 5, Eul 1 (including the number of branch offices in the case of additional evidence), the result of the examination of medical records by the Director of the G Medical Center of the first instance court, reply to fact inquiry, and the purport of the whole pleadings"

(c) Forms 5 through 11 of the first instance judgment are as follows.

Considering the following facts or circumstances acknowledged by comprehensively considering the aforementioned facts, the aforementioned evidence, Gap evidence Nos. 7 through 11, and Eul evidence Nos. 3, 4, 5, and 6 (including serial numbers), and the overall purport of the pleadings, it may be recognized that the negligence of the medical staff of the defendant hospital and the result of the negligence of the medical staff of the defendant hospital caused C, thereby causing a central congested convergrative congrosis (congrative congrosis).

(d) by adding the following details to not more than 7 pages 7, 17, 7, 18, 7, 8, 8, 8, 8, 8, 8, 8, 8, 8, 8, 8, 8, 8, 8, 8, 8, 8, 8, 8, 8, 8, 8, 8, 8, and 5, 8, 8, 8, and

“(1) In a case where the damage to the injured victim due to a traffic accident is increased due to a medical accident caused by a doctor’s negligence, etc. while being treated while being treated, barring any special circumstance, there is a proximate causal relation between such damage and the traffic accident. Therefore, if the traffic accident and the medical accident independently meet the requirements of tort, and if it is recognized that the damage was caused unlawfully to the injured party, joint tort is established (Supreme Court).

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