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(영문) 서울중앙지방법원 2018.05.30 2015가합571955
손해배상(의)
Text

1. As to each of the Plaintiffs’ KRW 75,478,987 and each of the said money, the Defendant shall have 5% per annum from November 25, 2015 to May 30, 2018.

Reasons

1. Basic facts

A. The Defendant operates the “Fsanbu and Council members” in Gangnam-gu Seoul Metropolitan Government E (hereinafter “Defendant Hospital”), and the Plaintiffs are parents of G (hereinafter “Madbu”) who died on April 15, 2015 (hereinafter “Madbu”).

B. On May 17, 2014, the Plaintiff A confirmed the fact of pregnancy and was diagnosed by the Defendant Hospital for six weeks at the early malpha, and was designated as the principal doctor by the Defendant.

Since then, on July 5, 2014, Plaintiff A was subject to the first marry test of dead-mar acid on July 5, 2014, and the second marry test of dead-mar infant on August 6, 2014. After that test, Plaintiff A was subject to blood, urine test, and marology test. The condition of fetus was all normal.

C. On January 18, 2015, Plaintiff A experienced a frush in the clothes, and applied to the Defendant Hospital at around 06:00 on January 18, 2015, and was hospitalized directly with the guidance of nurse H who was working at night time.

The Defendant hospital introduced the responsible delivery system, and had a doctor who was the principal doctor of the mother in child delivery during the pregnancy take the responsibility for the final delivery of the mother in charge, barring any special circumstance. However, the nurse H reported the Defendant’s hospitalization, the degree of being open to the hospital, and the intensity of the Plaintiff’s entrance as an I message because the Defendant was not in the hospital at the time of the Plaintiff’s hospitalization.

E. The Defendant was outside the hospital from the time of Plaintiff A’s hospitalization to the time of delivery, sent the message to the nurse and given instructions to the nurse. The content of the I message sent and received between the Defendant and the nurse are as follows.

The direction content of the report (Defendant) at time was hospitalized by Plaintiffs 06:21, 39 5wks, primi, and RoM.

06:26 Doz. Doz. Doz. Doz. Doz.

06:27 N. N. 06:52도요 for natural finite authorization

“The President, N.N., 2cm, 90, -1. The natural f.g., I had the license to do so. I still have the license to do so. 06:53 Roylon. 06:53 Mayman? Mayman? 07:228 . 07:25 . 07:25 . 3 cm/90%/1. PCA Costaypt 07:28 al. 4.

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