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(영문) 부산고등법원 2017.08.31 2016나53077

손해배상(의)

Text

1. From August 13, 2012, the judgment of the court of first instance jointly held against the Defendants, KRW 98,981,510 against the Plaintiff A and its related costs.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the following statements are attached or amended, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act.

【The attached part 4th, the plaintiffs asserted that the medical personnel of the defendant hospital failed to properly provide these first aid, and that the medical personnel of the plaintiff hospital did not prevent the plaintiff's low oxygen brain damage, even though they had to do so as soon as possible, such as the plaintiff A's in-house insertion and oxygen injection.

However, in light of the following circumstances acknowledged by the statement No. 4, the testimony of the witness of the first instance trial, and the purport of the entire pleading, it is difficult to view that there was the negligence of the medical staff of the Defendant hospital in the course of emergency measures against the Plaintiff A solely based on the evidence and the results of the fact-finding conducted by the first instance court.

① The instant accident occurred between the nursingman and the Defendant.

On August 13, 2012, at around 20:20, the nursing personnel discovered the plaintiff A who was sitting on the floor and knew it to the nurse of the defendant hospital.

The nurse of the Defendant Hospital cut down the Plaintiff’s timber and the bed leth day, laid the Plaintiff A on the floor, laid the Plaintiff’s on the floor, and set up K on the doctor.

② At the time when a doctor K confirmed the Plaintiff’s respiratory condition, etc., the Plaintiff A was released from the same air, weak respiratory, and blue.

③ The medical personnel of the Defendant Hospital took measures, such as the Plaintiff A’s wearing a oxygen, cardiopulmonary resuscitation, and an institutional inserting City/Do. The medical personnel of the Defendant Hospital continued to be active.

④ At around 08:30 on August 13, 2012, Citus Island with the Plaintiff was 88%, and 96% on around 20:50 and up to 100% on around 20:55.

[Supplementary part] 4. A from 6th to 12th 8 pages 11.

Part of Paragraph 1

4. Scope of liability for damages.