logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.09.21 2017다213791
부당이득금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The court shall determine whether the arguments are true in accordance with logical and empirical rules, based on the principle of social justice and equity, with free evaluation of evidence, taking into account the purport of the entire pleadings and the result of examination of evidence (Article 202 of the Civil Procedure Act). The facts duly confirmed by the court of final appeal that the judgment below did not go beyond the bounds of the free evaluation

(Article 432 of the same Act). Based on its stated reasoning, the lower court determined to the effect that it is difficult to recognize a doctor in charge of the Defendant hospital’s primary surgery, who did not verify the result of the MRI’s inspection, or a negligent negligence in conducting the secondary surgery, or a violation of the duty to explain to the Plaintiff, and that the first frequency prosecutor of the instant case cannot be deemed as having been in need of excessive treatment or of unfair inspection, as there is insufficient evidence to acknowledge that the first frequency prosecutor of

The allegation in the grounds of appeal is the basis of such determination or the purport of disputing the fact-finding that led to such determination. It is nothing more than the fact-finding based on the selection of evidence and the determination of value of evidence belonging to the free trial of the fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, it is difficult to view that the lower court did not exhaust all necessary deliberations contrary to the principle of trust and good faith or exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules, and erred by misapprehending the legal doctrine on the alteration

Therefore, the appeal is 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.

arrow