logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.10.29 2015다220931
손해배상(의)
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court acknowledged the facts as indicated in its reasoning based on the evidence of employment, and rejected the Plaintiff’s assertion that the medical professionals at Defendant Hospital violated the duty of care in the course of early corrective measures after the occurrence of the side effects of this case, and that D died due to such negligence.

In light of the relevant legal principles and records, the judgment of the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on negligence in relation to medical practice.

2. The amount of consolation money for mental suffering suffered in violation of the doctor's duty to explain as to the second ground of appeal may be determined by the fact-finding court at its discretion in consideration of all the circumstances.

(1) In light of the above legal principles and records, the court below did not err by misapprehending the legal principles as to the calculation of consolation money as otherwise alleged in the ground of appeal. Thus, the court below did not err by misapprehending the legal principles as to the calculation of consolation money as otherwise alleged in the ground 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.

arrow