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(영문) 부산지방법원 동부지원 2018.11.29 2015가단206098

손해배상(의)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a doctor of the E Hospital located in Suwon-gu, Busan (hereinafter “instant hospital”) and treated the Plaintiff B who had a pregnant woman, and the Plaintiff A is the husband of the Plaintiff B.

B. From around September 2014, Plaintiff B, who had three miscarriages in the early 38 years of age, said, from around September, 2014, Plaintiff B, from around March 18, 2015, was under pre-management by the Defendant at the instant hospital, that the birth of the fetus (hereinafter “instant fetus”) from the day before a week to the Defendant, did not seem well.

C. Accordingly, the Defendant conducted the crypology test and the crypology test with respect to Plaintiff B on the same day, and conducted the crypology test and the crypology test on March 25, 2015 (the 37th anniversary of pregnancy), via a nurse, the Defendant conducted the crypology test and the crypology test (NStres Test, NS Test, NST test, or a non-dypology test (a fetus safety test that can confirm the cypology, the crypology, etc.); hereinafter referred to as “instant cypology test”).

The Defendant considered the result of the solar test of this case with respect to Plaintiff B (hereinafter “instant NST record”) immediately after the foregoing solar test, and sent Plaintiff B to the effect that it was almost unlikely to feel the movement at the time of the solar test to the effect that “the heart of a fetus is well running, so he does not know that it is well running,” and that Plaintiff B returned to the Republic of Korea.

E. However, even after returning home, Plaintiff B still expressed that the instant fetus was the same as that of the instant fetus’s death in the womb, as the Plaintiff was admitted to the emergency room of the instant hospital on March 29, 2015 (the 6th day of March 2015, 2015, that was Sundays) and was the result of the first-wave test conducted by the doctor on duty.

F. On March 30, 2015, Plaintiff B returned to the instant hospital on the following day (the 38th anniversary of pregnancy), and the Defendant, the prime doctor of the instant hospital, carried out an ultra-frequency test with respect to the said Plaintiff, and attempted only inducements through an advanced smoker, but the instant fetus was already deceased in the womb.