2. Gaim○ (7700C10O)

3.Glaver○ (81000-200DO)

Ulsan-gu, Ulsan-dong 2 District ○○○○-○○t, the plaintiffs' address

OBL 301

[Defendant-Appellant] Defendant 1 and 2 others

Ulsan Nam-gu ○○ Dong

Attorney Lee In-bok, Counsel for the defendant-appellant

Attorney Kim Jae-soo, Counsel for the plaintiff-appellant

2.Gla ○○ (55O)

Ulsan Nam-gu ○○ Dong

Law Firm ○○, Counsel for the defendant-appellant

[Defendant-Appellant]

2. The plaintiffs' remaining appeals and the defendants' respective appeals are all dismissed.

3. The costs of appeal are three minutes and two of them are assessed against the plaintiffs, and the remainder are assessed against the defendants.

4. The part on which money is paid under paragraph (1) may be provisionally executed.

The defendants pay 57,214,689 won to each plaintiff Kim 00, and 37,476,459 won to the plaintiff Kim ○, respectively, and 5% interest per annum from January 16, 2004 to the date of the first instance judgment, and 20% interest per annum from the next day to the date of full payment.

2. Purport of appeal

A. The plaintiffs: Each part of the judgment of the court of first instance against the plaintiffs falling under the following part of the order of payment shall be revoked. The defendants shall pay 39,880,610 won to each plaintiff Kim○○, plaintiff Kim○○, and Kim○○, respectively, 26,520,406 won and 5% per annum from January 16, 2004 to the date of the final judgment of the court of first instance, and 20% per annum from the next day to the date of full payment.

B. Defendants: Each part of the judgment of the court of first instance against the Defendants shall be revoked, and all of the plaintiffs' claims against the Defendants corresponding to that part shall be dismissed.

(a) Facts of recognition;

The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the arguments as a whole, based on the records in Gap evidence 1-1-2, Gap evidence 2, 14, 19, Eul evidence 5-3, 4, 6 through 11, Eul evidence 5-2, Eul evidence 5-9, and Eul evidence 5-15, the records of the medical examination of the Director of the Seoul National University Hospital for the first instance, the results of the first instance Medical Association and the Director of the Seoul National University Hospital for the first instance, and the purport of the whole fact inquiry.

(1) Status of party

Defendant ○○○ is a person who operates an internal medicine clinic in Ulsan-dong 1231-3, Ulsan-dong 1231-3, and Defendant Kim ○ is a person who operates an internal medicine clinic in the same 665-8, and the difference is a person who died after receiving medical treatment from each member of the operation of the Defendants due to a traffic accident that is deemed to have been regularly taken from an internal department of the operation of the Defendant on a regular basis due to the cryptism of the horse, and the Plaintiff Kim ○ is his spouse, Plaintiff Kim ○, and his children.

(2) Occurrence of a traffic accident

On January 13, 2004, Plaintiff ○○○○○○○○○○○○○○○○○○○○, a car operated on January 13, 2004, and continued to run a Hodo-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-dong-ri-ri-ri-ri-ri-ri-ri-dong-ri-dong-ri-ri-dong-ri-dong-ri-dong-ri-dong-ri-dong-ri-dong-ri-dong-ri-dong-dong-dong-ri-dong-dong-dong-ri-dong-ri-dong-dong-dong-dong-dong-ri-kicking the central line, thereby causing a difference between his wife and his wife on the top of

(3) The difference between the treatment process of Defendant 00 was immediately after the above traffic accident, and the treatment was conducted by an anti-fighting economy, drug salvology, etc. at the Heung comprehensive hospital nearby, and the clinical name of the disease was issued by the above hospital as a result of a warning and a re-determination after the close inspection and normal observation. At around 20:00 on the same day, Defendant 1 was given medical treatment for the 0th day after the 0th day on which the 4th day after the 00th day after the 0th day after the 1st day after the 00th day after the 0th day after the 0th day after the 0th day after the 1st day after the 00th day after the 1st day after the 00th day after the 0th day after the 1st day after the 00th day after the 1st day after the 00th day after the 1st day after the 1st day after the 00th day after the 1st day after the 00th day after the 1st day after the 200th day after the m diagnosis.

(4) Circumstances leading to the examination and treatment by Defendant Kim ○○

(A) Defendant Kim Jong-○ received the Defendant’s request from Ma○○○○○ to the effect that “The results of the examination by the Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad-

(B) Accordingly, around 17:00 on the same day, ○○○○ was hospitalized in the National Assembly of Defendant Kim○○○○, and the difference at the time was due to her uniforms, and was boarding and hospitalized in the wheelchairs provided by Defendant Kim○○ by Defendant Kim○. Defendant Kim○ used X-ray inspection on 00 vehicles, she did not discover any other symptoms, but did not take measures such as food, etc. on the different ○○○○ by diagnosing the head of a uniform hospital, which ○○○ upon the diagnosis of Defendant her ○○○○○○, with the pain on the same day. Defendant Kim○-○ did not take measures such as raising a balance to the head of ○○○○○○ on January 15, 200, she did not request the head of ○○○○○ to take measures, other than taking measures to treat the head of ○○’s 1,000 after having been on the 1st of 0th of the 1st of the 2nd of the 2nd of the 1st of the 2nd of the 2nd of the 1st of the”).

(e) Death of a motor vehicle;

Around 11:00 on January 16, 2004, the next ○○ was inspected by transferring it to Ulsan National University Hospital, but on the same day, death was caused by pan-malty disorder caused by the credit disorder of the commander at around 18:10 on the same day. As a result of the autopsy, the credit disorder of the above commander was presumed to be caused by the shock in the event of traffic accidents.

(6) Relevant injury to the medical knowledge dog is divided into government trade and literature according to the advance of the occurrence. In the case of the dunes, most of the injury caused by direct energy transmission to the patient can be seen as having been caused by traffic accident patients. In the case of the dunes, the long-term damage caused by damage to the speed of the vehicle collision may vary depending on the patient’s seat where the patient is seated, whether the safety bell is worn, and the case may vary depending on whether the patient wears the safety bell. In most cases, damage is often caused by high-level organs (influence, inter-liver, extract, kid, kids), and strong long-term (influor), the head’s head’s head’s head’s head’s head’s head’s head’s head’s head’s head’s, ledger, and dunes) and the long-term damage located in the part of the high government.

(B) Even if there are no abnormal opinions in physical examinations, blood tests, and general X-ray tests, it is desirable for passengers to conduct a close inspection (such as a uniform CT photographing using a pyropic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopic spopics

(C) In the case of damage to the uniforms, it is difficult to clearly verify whether the upper male in the mouth has damaged or not, and in the case of the second malphym of the mouth of the mouth, there is a limit that the accurate image is not possible due to the lack of the first malphism in the event of gas in the case of the second malphym of the mouth of the mouth, and thus, a large amount of CT photography is being implemented to the patient who is in danger of lighting, but the CT photographing, which is not using the steering system, is conducted to the patient with a minor or intermediate malphical damage, in particular, if it is not diagnosed without the blood transfusion in the malphym, and some hospitals in the case of the first malphym of the malphym of the mouth of the mouth, without being superior to all patients in the past in the case of the malphym of the malphym. of the malphym.

D) When the patient’s condition gets worse during the observation period and there is no possibility that the patient will change or perform a surgery, the patient shall begin meals. Generally, he/she shall take precedence over food during the observation period from the early stage of the damage.

2. Occurrence of and limitation on liability for damages;

(a) Occurrence of liability for damages;

(1) A physician has a duty of care to take the best measures required to prevent risks depending on the patient’s specific symptoms or circumstances in light of the nature of the duties of managing the patient’s life, body, and health, and such duty of care is determined on the basis of the level of medical practice performed in the clinical field, such as a medical institution, at the time of performing the medical act. In particular, the diagnosis is an important medical act selected by the Treatment Act as it is the starting point of the clinical medicine where it is to distinguish whether a disease is caused based on the results, such as literature, diagnosis, promotion, hearing, and various clinical tests, and its kind, character, nature, degree of progress, etc., and thus, it should be determined whether there is negligence in the clinical medicine at least within the degree of diagnosis performed in the clinical medical field, even though it is impossible to conduct the complete clinical diagnosis, even if the doctor is based on the medical ethics, medical knowledge and experience required as a specialist, and whether the doctor has the best duty of care to predict and avoid the occurrence of a dangerous result by diagnosing and accurately the patient.

In addition, a doctor in charge of life and health of a human being requires the best duty of care necessary to prevent risks in light of the nature of his/her duties. Accordingly, a doctor shall exercise the best care in consideration of all circumstances, such as the effect and side effects of treatment methods, based on his/her medical knowledge at the time of treatment, and the standard of such duty of care shall be determined according to the level of medical treatment according to the so-called clinical practice at the time of treatment, but the level of medical care shall be determined to the level that is normatively required, the specific situation of the relevant doctor or the relevant medical institution shall not be considered, and the doctor shall not take into account the specific situation of the relevant medical institution, and if it is impossible for the doctor to conduct a necessary examination for diagnosis due to equipment of the relevant medical institution, geographical factors or other various reasons, the doctor

(2) The negligence of Defendant Mo○○

According to the above facts, around 10:00 on January 14, 2004, the day following the occurrence of the traffic accident of this case, the blood pressure of ○○○ had already been lowered to 80/40m Hggs prior to blood medication. At that time, the difference at the time appeals continuously against the 80/40m Hgs, and submitted the diagnosis certificate and the check to the above Defendant stating that “after the subsequent close inspection and observation after normal progress, whether to damage the uniforms caused by the traffic accident,” and the parts of the ○○○○○○○○’s medical care and the check to the above Defendant, which clearly revealed the trace of the scambling by the safety bellt, and thus, it was difficult to see that the scambs of ○○○○ was caused by the collision with the motor vehicle at the top of the safety bell, and thus, the possibility of damage to the scambalone’s blood of the Defendant, the guardian of the Plaintiff and the non-scambalone’s care and treatment for the Plaintiff.

In regard to this, Defendant Ma○○ recommended ○○○ to all of the Glsan Central Hospital, a quasi-general hospital, and argued that ○○○ refused it as a matter of medical expenses, etc., and transferred it to the members of the Gisan Central Hospital operated by Defendant Kim○○. However, there is no evidence to acknowledge it, and even if there is no difference in domestic medical expenses, Defendant Ma○○ mainly appealed to the quasi-general hospital as a matter of medical expenses, the vehicle 00 at the time appealed to the sub-general hospital, and did not appeal any other symptoms, so the possibility of damage to the ○○○○, and thus, it is necessary to warn the possibility of damage to the ○○○○, and transferred it to the general public as well as to the members of the Gisan Central Hospital. Therefore, the above argument is without merit.

(3) Negligence of Defendant Kim○-○

According to the above facts, at the time of the transfer of 00 units to the members of the Defendant KimCO’s operation, the 00 units of the ○○○○○’s clothes were revealed by safety labeling, and the 00 units of the 00 units of the 00 units of the 00 units of the 00 units of the Defendant Kim Jong-soo moved to a solid fishing due to her uniforms pain, and the 00 units of the 00 units of the 00 units of the 00 units of the 00 unit of the 0 unit of the 00 unit of the 00 unit of the 0 unit of the 00 unit of the 0 unit of the 00 unit of the 00 unit of the 00 unit of the 0 unit of the 00 unit of the 1st unit of the 00 unit of the 1st unit of the 1st unit of the 3th unit of the 3th unit of the 3th unit of the 1st unit of the 3th unit of the 3th unit of the 1st unit of the 1.

As to this, Defendant Kim○ alleged that the CT photographing using a steering system has a large side effect and consequently, it is dangerous to administer a steering system only when symptoms have been discovered or special scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic.

As a result, it can be recognized that blood administration does not have any particular problem when it implements, the above argument by the defendant Kim Jong-○ is without merit.

B. As seen earlier, if Defendant 00, 00 issued a warning of the possibility of damage to the uniforms to ○○○○, and solicited all of the general hospitals or other general members, or if Defendant Kim ○○ had discovered a cT photography using the steering system more early, it would have not reached the death by receiving appropriate medical treatment for the cT shooting or the cT shooting caused by the cT shooting at the time when the difference is not delayed. Therefore, it is reasonable to view that the death of 00 was caused by the Defendants’ negligence in the treatment. Accordingly, the Defendants are liable to compensate for all damages suffered by the Plaintiffs, who are the next 00 and their families.

C. Limitation on liability for damages

However, even though it is irrelevant to the victim's causes, such as the victim's physical form or the risk of disease, in light of the form, degree, etc. of the disease, where it is contrary to the principle of fairness to compensate the perpetrator for all damages, the court may apply the legal principle of offsetting negligence to consider factors of the victim who contributed to the occurrence or expansion of the damage (see, e.g., Supreme Court Decision 2005Da16713, Jun. 24, 2005). The first medical practice is treating the patient's disease through professional knowledge and advanced treatment, and the patient's symptoms vary from time to time, and its determination is based on clinical experience and highly specialized medical knowledge, and thus, it is not easy for the victim to calculate the damages at least 4% of the total amount of damages before the death of the victim. In light of the fact that there is no possibility that the plaintiff's new ○○○○ Family Register, which caused the death of the plaintiff 2000,000's spouse.

2. Scope of damages.

With the exception of the following separate explanation, it is as shown in the attached Table of Calculation of Compensation for Damages (less than the cost for the convenience of calculation shall be discarded, and the present price calculation at the time of the accident of the damages caused by the above accident shall be governed by the method to deduct the intermediary interest at the rate of 5/12 per month).

(a) Actual income:

(1) Facts of recognition and evaluation

(A) Personal information: The same shall apply to the description in the column of the attached damages calculation sheet.

(B) Occupation and import level: The Deceased had no special occupation at the time of the instant accident, and was residing in an urban area. Therefore, it is reasonable to deem that the Deceased could have earned at least the same level of income as that of an ordinary worker engaged in urban daily work without the instant accident.

As to this, Defendant Kim 00 alleged that the difference was receiving blood marbles due to the marology at the time of the instant case, and thus, most of the labor ability was lost. However, as alleged by the Defendant, it cannot be readily concluded that the mar○ lost most of the labor ability due to the circumstance alleged by the Defendant, and there is no other evidence to acknowledge it. Therefore, Defendant Kim ○ does not have any reason.

(C) Operating period and operating days: From January 16, 2004, to August 14, 2014, 126 each 22th day of each month from January 16, 2004 (Defendant Kim○, when he led to the confession that the operating days of the vehicle ○○ by the vehicle ○○ on the 22th day of each month, it is insufficient to recognize the confession as against the truth and due to mistake; however, there is no evidence to acknowledge it otherwise, the revocation of the confession is invalid).

(d) Cost of living: 1/3 of income;

[Reasons for Recognition] 1, 2 each entry of facts without dispute, experience, Gap3, and 4

(2) Calculation

The sum of the actual income in the attached Table of calculation of damages shall be as specified.

(b) Funeral expenses.

Plaintiff ○○○: 3 million won. Limitation on liability

(1) The scope of the Defendants’ liability: 40%

(2) Calculation

The same shall apply to the column of damage after deduction of the attached table of damages calculation.

(d) Condolence money;

Considering the deceased’s age, family relation, background of accident, ratio of the responsibility of the Defendants, and all other circumstances revealed in the argument of this case, the consolation money of the deceased is set at KRW 10 million, KRW 4 million, KRW 4 million, KRW 3 million, and KRW 2 million, respectively.

(e) Inheritance relationship;

(1) Inherited property: 41,443,666 won (i.e., lost income loss 31,443,666 won + 10 million won + Property inheritor 17,761 won: 17,761,571 won, Plaintiff Kim○○, Kim○, ○○ (Inheritance of 2/7 shares): 11,841,047 won, respectively.

3. Conclusion

Therefore, the defendants' arguments as to the existence and scope of the duty to perform from 22,961,571 won to ○○○ and the 17,334,079 won which is the quoted amount of the judgment of the first instance among them, from January 16, 2004 when ○○ died from the medical accident of this case until September 7, 2005, are 5% per annum under the Civil Act until September 7, 2005, 5,627,492 additional cited in the trial, as to the existence and scope of the duty to perform from 16 January 16, 204 to 17, 2006, 5% per annum under the Civil Act until July 20, 206, 208, 194 to 20% per annum of the duty to perform, 5% per annum from 200 to 35% per annum of the duty to perform the duty to perform, 3014 to 194.7.18

Since the plaintiffs' claims are obligated to pay damages for delay by the rate of 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, which is the date of the decision of the court of first instance, until July 2006, since they are obligated to pay damages for delay within the scope of the above recognition, they shall be accepted within the scope of the above recognition and the remaining claims are without merit. Since the part against the plaintiffs of the judgment of the court of first instance which has different conclusions is unfair, the corresponding part of the judgment of the court of first instance which has partially accepted the plaintiffs' appeals and the corresponding part of the plaintiffs' claims shall be revoked, and the remaining appeals of the plaintiffs and the defendants' respective appeals are without merit

Judges Park Gyeong-young

Judges Kim Jae-soo