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의료사고
red_flag_2(영문) 부산고등법원 2013.4.4.선고 2012나3975 판결

손해배상(의)

Cases

2012Na3975 Compensation (Definition)

Plaintiff Appellant

1. A;

2. B

3. C.

4. D;

Plaintiff 3 and 4 are respective minors, and the legal representative B and A

Defendant Elives

1. E;

2. F;

3. G.

The first instance judgment

Busan District Court Decision 2009Kahap3851 Decided April 27, 2012

Conclusion of Pleadings

March 14, 2013

Imposition of Judgment

April 4, 2013

Text

1. All appeals filed by the plaintiffs are dismissed. 2. The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

The judgment of the first instance shall be revoked. The Defendants jointly and severally pay to the Plaintiff A 353,897,678 won, and 11,176,500 won, 3,000,000 won, and each of the above amounts to Plaintiff C and D from September 25, 2008 to the date of the first instance judgment, 5% per annum, and 20% per annum from the next day to the date of full payment.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for this court's explanation is as follows: Gap evidence Nos. 14, No. 15-1 through 6, and No. 16, which are evidence submitted in the trial, and the fact-finding results with respect to the head of the East University Hospital; however, the reasoning for this court's explanation is as stated in the reasoning of the judgment of the court of first instance except for the defendants' negligence, the power supply obligation, and the violation of the duty to explain, as alleged by the plaintiffs, although they were added.

2. Conclusion

Therefore, the judgment of the court of first instance is justified, and all appeals by the plaintiffs are dismissed.

Judges

The presiding judge and the senior judge;

Judges

Judges Chief Judge;