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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On January 24, 2014, the Plaintiff complained of symptoms, such as reflections on body and face, which occurred, following the imposition of C Hospital, and the Defendant, a doctor of the said hospital, conducted the tissue inspection for the diagnosis (hereinafter “instant tissue inspection”), and diagnosed the Plaintiff’s name as a kind of fladism.
나. 피고는 원고의 피부 두 군데를 절제하여 피부 조직의 일부를 채취한 후 절제 부위를 봉합하는 방법으로 이 사건 조직검사를 시행하였고, 그 결과 원고에게 위 절제 및 봉합 부위에 약 1㎠ 정도의 흉터가 발생하였다.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, and the purport of the whole pleadings
2. Determination
A. In general, a doctor of the relevant legal doctrine is obliged to explain the symptoms of a disease, treatment method and necessity of treatment, anticipated risks, etc. in light of the medical level at the time of the operation and to allow the patient or his/her legal representative to choose whether to receive the medical act by sufficiently comparing the necessity or risk of the disease, and if a doctor loses the opportunity to choose whether to receive the medical act by failing to provide such explanation, he/she is liable to compensate for consolation money, etc. (see Supreme Court Decisions 2007Da62505, Jun. 24, 2010; 207Da62505, Jun. 24, 2010; 2007Da62505, etc.).