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(영문) 부산고등법원 2015.04.09 2013나52431

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The plaintiff A's succeeding intervenor's appeal and the claim expanded by the trial court.

Reasons

1. The reasoning of the court's explanation in this case is as stated in the reasoning of the judgment of the court of first instance, except for adding or modifying the following points, and thus, it is acceptable to accept it as it is in accordance with Article 420 of the Civil Procedure Act.

Each entry in Gap or evidence 12, Gap or 13-1, 2, 14, Gap or 15-1, 2, 3, 16 through 25 shall be added as the basis of the recognition of basic facts.

The successor intervenor paid 14,146,730 won as survivor pension from September 201 to February 2015, and finally sought the payment of the above money in the trial.

Even if all evidence presented at the trial were taken, there is a medical malpractice on the part of the medical staff of the defendant hospital.

It is not sufficient to recognize that the deceased died or due to that reason, and comprehensively taking account of the testimony of the witness F of the trial, the fact that the medical staff of the defendant hospital explained the condition of the deceased to his guardian and the treatment methods, such as the method of seizure according thereto, can be acknowledged.

The administrative litigation that deals with the proximate causal relationship between the death and the work of the deceased and the medical personnel of the defendant hospital that deals with the proximate causal relationship between the death of the deceased and the death of the deceased is not the same as the case in separate cases.

In addition, as long as the medical personnel at Defendant Hospital conducted a scule operation on the deceased who was sent to an emergency room in the state of heart suspension and administered an scule treatment medicine with the focus on the heart or above the body function of the deceased, such as heart color, it may be the cause of the deceased’s kylle transfusion, such as the blood knium value from the day he was sent to 2.35mEq/L, etc. on the day he was sent to the deceased, and even if the medical personnel at Defendant Hospital treated the deceased without recognizing the kylle blood transfusion of the deceased, it may be the cause of the deceased’s sculecule or its sculecule.