손해배상(의)
1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The defendant among the judgment of the court of first instance.
1. In the first instance trial, the scope of the plaintiffs claimed payment of F's passive damages to the defendant, F's positive damages, KRW 32,470,200, KRW 80,000, and KRW 60,000 (Plaintiff A30,000,000, and KRW 10,000,000, respectively), respectively, of KRW 36,243,300, and KRW 32,470,200, and KRW 80,000, and KRW 60,000, respectively. The court of first instance recognized part of positive damages and consolation money among the plaintiffs' claims and dismissed all the remainder.
Since only the defendant appealed against this, the scope of this court's trial is limited to active damages and consolation money.
2. Basic facts
A. From October 29, 2016, F (G) sought an explanation that “I hospital run by a medical corporation He/she is suspected of having marine color and need to be hospitalized,” and was hospitalized in the J Hospital operated by the Defendant (hereinafter “Defendant hospital”) at around 13:00 on the same day on October 30, 2016.
B. From October 30, 2016, F had been heated from around 23:50 to around 23:50, and had become worse, and the Defendant hospital went into a state. The Defendant hospital, around 08:00 on October 31, 2016, performed a sculpical and sculpical surgery with respect to F (hereinafter “instant surgery”). However, on November 1, 2016, F died of sculpous infection due to acute infection.
C. Meanwhile, F was married with Plaintiff A and placed Plaintiff B, C, and D under its chain.
[Ground of recognition] Facts without dispute, Gap's statements, Gap's 1 through 4, 10, 11, 19, 20 evidences (including each number; hereinafter the same shall apply), the purport of the whole pleadings
3. Occurrence of liability for damages;
A. When a doctor of the relevant legal doctrine provides medical services, such as medical examination, treatment, etc., he/she has a duty of care to take the best measures required to prevent any danger depending on the patient’s specific symptoms or circumstances.
The doctor's duty of care shall be clinical medicine such as medical institutions at the time of performing medical practice.