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(영문) 서울고등법원 2018.04.19 2016나2069612

손해배상(의)

Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The parties concerned Defendant E, F, G, H, and I jointly operate the L Hospital “L Hospital” (hereinafter “Defendant Hospital”) at Seo-gu Daejeon, Seo-gu, Daejeon. Defendant D, as a doctor affiliated with Defendant Hospital, Defendant D, and J were in charge of only the diagnosis and treatment of Plaintiff C as a doctor affiliated with Defendant Hospital.

[Defendant J is currently working in an O hospital. The plaintiff C is the mother of childbirth who could divide the plaintiff A at the defendant hospital on June 28, 2012, and the plaintiff B is the husband of the plaintiff C and the father of the plaintiff A.

B. On November 4, 2011, Plaintiff C (PP students) was diagnosed for pregnancy at Defendant Hospital’s hospital on the part of Plaintiff C’s medical examination. After receiving a regular medical examination from Defendant D, a dental doctor, the dental doctor, and there was no special medical examination from the said Plaintiff and fetus.

Plaintiff

C On May 31, 2012 (the sixthth 6th day of pregnancy), it was discovered that umbacilum bilum was found to have reduced the timber of a fetus on two occasions, and it was diagnosed as a light cryp, and on June 21, 2012 (the sixth 6th day of pregnancy 39th day), it was confirmed that umbaculum bil was reduced once in the mountain cryp, and there was no other special opinion, and it was decided to implement natural bump (NSVD).

C. In the past from the Defendant Hospital to the delivery of the Plaintiff A, the Plaintiff C was discharged on June 27, 2012 (the fifth day of the 40th day of pregnancy), and was hospitalized for only a part of the Plaintiff, who was discharged from the Defendant Hospital and was hospitalized on the part of the Defendant J, a doctor on duty, at around 22:30 on the same day.

At the time, when only 5 to 6 cm of the plaintiff C's womb landscape is opened, and only lives of the old-pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic pathic ma

In addition, it is called 'patching of the ancient-dog in the ancient-dog in the front (based on the direction of internal inspection).'

The degree of punishment for the womb landscape is expressed as ‘openness' and ‘contestation' of the womb landscape, and it was almost rare, and the fetus mouth was not yet made.