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(영문) 서울서부지방법원 2018.10.11 2018나32788

채무부존재확인

Text

1. The judgment of the court of first instance is modified as follows.

Attached Form

The plaintiff's accident is related to the defendant.

Reasons

1. Basic facts

A. The Plaintiff is an insurance company that sells various insurance, and the Defendant is an internal doctor who operates a medical clinic within Yongsan-gu Seoul Metropolitan Government (hereinafter “Defendant hospital”).

B. On August 2012, the Plaintiff entered into a contract on the liability insurance for medical doctor and hospital (hereinafter “instant contract”) with the Defendant, the insurance period from August 23, 2012 to August 23, 2013, with the view to setting the maximum amount of compensation as KRW 100,000,000 per claim, and the amount of self-payment as KRW 2,00,000 per claim, to compensate for damages arising from the insured’s negligence.

C. From October 208, 2012, from around 07:00 to around 07:00, the deceased C (hereinafter “the deceased”) was a chronic renal and urology patient who had been receiving three-time blood urology from the Defendant hospital, and was receiving blood urology from a nurse affiliated with the Defendant hospital without the Defendant’s presence at the Defendant hospital, during the period from around 07:40 to around 07:50, while she was fluencing Kim boom offered at the Defendant hospital, and she was fluced by Kim brea.

A nurse belonging to the defendant hospital immediately removed the deceased from the food wastes in the mouth as his hand, laid the air sprinker in the mouth, and took emergency measures to administer Epherfinine, a drug that is the activation of heart suspension, while carrying out cardiopulmonary resuscitation, and contacted the 119 emergency squad at around 07:55, and transferred the deceased to the women's mother hospital in Yeongdeungpo-gu Seoul, Seoul, at around 08:03.

E. However, on October 21, 2012, the deceased died (the accident in the attached Form; hereinafter “the accident in the instant case”), and on the basis of the statement of the nurse belonging to the Defendant hospital, the doctor in charge of the women’s mother hospital determined that the intermediary event of the deceased was the “symology” and the person directly in charge was the “symnology” as the “symnmology”.

F. The bereaved family members of the Deceased claim that the deceased’s death was caused by the medical negligence of the nurse affiliated with the Defendant or the Defendant Hospital.