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(영문) 대법원 2015.12.10 2014다71439
손해배상(의)
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2, the lower court acknowledged the Defendant’s liability for damages on the ground that the Defendant hospital’s medical personnel did not give appropriate treatment after diagnosing the cause of the Plaintiff’s excessive smoking symptoms.

In light of the relevant legal principles and records, the lower court did not err by misapprehending facts against logical and empirical rules or by misapprehending relevant legal principles, contrary to what is alleged in the grounds of appeal.

2. The fact-finding and the calculation of the liability ratio, where the liability for damages is recognized due to the doctor's negligence in the examination and treatment of the third ground for appeal, belong to the exclusive authority of the fact-finding court unless the liability ratio is deemed to be remarkably unreasonable in light

(2) In light of the aforementioned legal principles and records, the lower court’s determination on the calculation of the Defendant’s liability ratio did not err by misapprehending the legal doctrine on limitation of liability, contrary to what is alleged in the grounds of appeal.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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