1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Facts of recognition

The reasoning for this part of the court's explanation is the same as the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

The occurrence of liability

A. According to the above facts, Defendant B, while conducting the instant treatment, neglected to take care of the Plaintiff’s duty of care to prevent the Plaintiff from being injected into the blood banks located on the part of the blood banks, etc., and neglected to take it into the blood banks, thereby resulting in the Plaintiff’s death of the blood banks, etc., and the Defendant C, the employer of the Defendant B and the Plaintiff, is jointly liable to compensate the Plaintiff for the damages incurred therefrom.

B. However, in light of the purpose and content of the instant medical procedure, the medical act is a dangerous act in which the outcome outside the anticipated may not be avoided even if the medical treatment is conducted in full with all the technologies, and thus, it seems that imposing all damages incurred by the medical negligence only to the Defendants is in violation of the principle of equity. Defendant B made efforts to take the best measures in their own name by administering a medicine immediately after the Plaintiff’s copic color has changed after the instant medical procedure, and the degree of symptoms remaining in the Plaintiff as well as the degree of treatment process, difficulty of the surgery, etc., it is reasonable to limit the Defendants’ damages liability to 80% for the fair apportionment of damages.

The scope of liability for damages (based on recognition) shall be calculated on a monthly basis, based on the absence of dispute, the evidence Nos. 1 through 10, the statement No. 10, the respectively of the evidence No. 1, the results of physical appraisal commission to the director of the medical school of the first school of the first school, the period for the convenience of calculating the purport of the whole pleadings, and the amount less than the last month and less than the won shall be discarded, and the present price calculation at the time of the accident shall be based on the discount method that deducts intermediary interest at the rate of 5/12 per month.

(a) Personal information on lost income: Attached amount of damages.