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(영문) 부산고등법원 2015.07.16 2014나52087
용역비
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, thereby citing it by the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that "the plaintiff's nurse or nurse did not fulfill his/her duty of care in taking food in the net B, and the plaintiff is negligent in neglecting his/her duty of care in managing and supervising it."

Therefore, the testimony of the witness E of the first instance court is insufficient to recognize the existence of negligence, as alleged by the Defendant, in light of each of the records in Gap evidence No. 15 through 17, as a result of the entrustment of the examination of medical records to the Seoul Hospital of the first instance court, and there is no other evidence to acknowledge it. Thus, the defendant's above assertion cannot be accepted

3. In conclusion, the decision of the first instance court is legitimate, and the defendant's appeal against this is dismissed as it is without merit.

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