1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Defendant is a medical specialist with childbeds. From October 27, 2014 to June 29, 2015, the Defendant served as a father and doctor with C Hospital operated by the Plaintiff (hereinafter “Plaintiff Hospital”).

B. On June 16, 2015, D, who was a mother in childbed, sought the Plaintiff hospital to leave the clothes, and on the same day, the fetus died in the womb (hereinafter “instant medical accident”).

C. As to the instant medical accident, the Plaintiff paid KRW 30 million to D, and returned KRW 1,218,100 among the medical expenses.

[Ground of recognition] Unsatisfy, Gap's entries in Gap's evidence 1, 2, 4, and 5, and the purport of whole pleadings

2. The Plaintiff’s assertion that the instant medical accident occurred due to the Defendant’s negligence without sufficiently explaining the possibility of emergency operations on the part of the Defendant, which was the principal doctor at the time of the medical accident of this case, without confirming the matters to be confirmed in the medical treatment of DNA mother. While the Defendant, who was the principal doctor at the time of the medical accident of this case, did not transfer to the doctor on duty while leaving out, and did not explain the possibility of emergency operations on the part of the patient, the Plaintiff paid KRW 31,218,100 on behalf of the Defendant to the above mother and his family members, the Defendant is obligated to pay KRW 31,218

In addition, due to the instant medical accident, the Defendant is obliged to pay consolation money of KRW 30 million to the Plaintiff, since the Plaintiff’s employees’ desire to work at the Plaintiff hospital was reduced, etc.

3. The plaintiff seeks reimbursement and consolation money from the defendant on the premise that the medical accident of this case occurred due to the defendant's negligence. First, we examine whether the medical accident of this case occurred due to the defendant's negligence or not.

In order to recognize a doctor's negligence in a medical accident, the doctor could have predicted the occurrence of the result, but failed to anticipate the occurrence of the result, and the occurrence of the result can be avoided.