[1] The case holding that, in a case where the driver of an Ortobane died due to the shock of the driver of the Ortobane, the above accident caused the driver's negligence on the part of the driver of the Ortobane while driving on the roads where there is no hindrance to the traffic of the Ortobane

[2] The case holding that in the case where a traffic accident patient suffered from a delayed cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral alphal alphal alphal alphal alphal alphala

[1] The case holding that, in a case where a driver of an Ortobane died due to the shock of the driver of an Ortobane, the accident caused the driver's negligence on the part of the driver of the Ortobane while driving the vehicle on the side without any obstacle, on the road condition that does not interfere with the passage of the Ortobane

[2] The case holding that, in the case where a traffic accident patient's medical examination showed a suspected intention of having a cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral her but the patient was hospitalized and performed intensive observation on the following day, the patient could not be found as a breach of the doctor's duty of due care

[1] Article 750 of the Civil Code, Article 3 of the Guarantee of Automobile Accident Compensation Act, Article 30 of the Road Traffic Act, Article 10 of the Enforcement Decree of the Road Traffic Act / [2] Article 750 of the Civil Code

Plaintiff 1 and four others (Attorney Na-soo, Counsel for the plaintiff-appellant)

Defendant 1 and two others (Attorneys Hawon-won et al., Counsel for the defendant-appellant)

Twin Fire and Marine Insurance Co., Ltd. (Attorney Han-won, Counsel for the plaintiff-appellant)

May 14, 2004 (Defendant 1., 2.)

January 12, 2005 (Defendant 3)

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

2. The costs of the lawsuit shall be borne by the plaintiffs, including the costs incurred by the supplementary participation.

The Defendants jointly and severally pay to Plaintiff 1 43,01,410 won, 2, 3, 4, and 5 each amount of KRW 21,054,306 from September 29, 2002 to the delivery date of a copy of the complaint of this case, and 5% each amount of KRW 25% per annum from the next day to the payment date of the copy of the complaint of this case.

1. Determination as to the claim against the defendant 1 and the defendant joint fire insurance company (hereinafter referred to as the "defendant company").

(a) Basic facts;

(1) 원고 1은 2002. 9. 29. 17:30경 자신 소유의 무등록 100㏄ 오토바이를 운전하여 전남 해남군 마산면 북창리 앞 도로상을 같은 면 맹진리쪽에서 마산면 소재지 쪽으로 속도불상으로 진행하던 중 전방주시를 태만히 한 잘못으로 그 진로 전방의 마산면 맹진리 북평부락 앞 도로 우측 노견에 주차되어 있던 피고 1 소유의 전남 90나5970호 화물차량(피고 회사에 책임보험만 가입된 피보험차량임)의 뒷 적재함 부분을 위 오토바이의 우측 부분으로 충격함으로써 위 오토바이에 안전모를 쓰지 않은 채 동승하고 있던 자신의 처 소외 1로 하여금 두부손상 등으로 사망하게 하였다(이하 이를 '이 사건 사고'라고 한다).

(2) Plaintiffs 2, 3, 4, and 5 are children of Plaintiffs 1 and the deceased Nonparty 1.

[Reasons for Recognition] No. 1, A2, A3-1-2, the purport of the entire pleadings

B. The parties' assertion

The plaintiffs, as defendant 1, who parked on the road, are narrow roads with frequent traffic of vehicles, and snow is difficult to see the front door of the vehicle during the above time. Thus, even if the above cargo is parked, the above cargo vehicle should not be parked on the road, and even if parking, the above cargo vehicle is not parked on the road, and the accident of this case occurred due to the mistake that the above cargo vehicle was parked on the road. Thus, the above defendants asserted that the defendant is liable for all damages suffered by the above deceased non-party 1 and the plaintiffs as the insurer of the above cargo vehicle as the tort or the above cargo vehicle, and the above defendants dispute to the purport that their responsibility is not attributable because the accident of this case occurred due to the negligence of plaintiff 1 who neglected to drive on the front side.

C. The judgment of this Court

Therefore, in full view of the purport of the arguments in the above statement Nos. 1 through 18, Eul, and Eul No. 2, the accident site of this case is one-lane road up to 3 meters wide, and the road dog is not a parking-prohibited area because the above cargo vehicle is not a parking-restricted area because the left side of the road at the time is parked on the street with the above right side, and it does not interfere with the above Oba. ② The plaintiff 1 operated the above Oba without a license without the above Oba, and caused the above error of failing to look at the left side of the cargo, and thus, it cannot be seen that the above error of the plaintiff 1 caused any trouble to the left side of the above vehicle without any error of the plaintiff 1, which caused any defect in the road traffic, and it cannot be seen that the accident occurred by the driver of this case, which caused any defect in the road on the left side of the road at the time of the accident.

3. Determination as to the claim against the defendant medical corporation medical foundation (hereinafter "the defendant foundation")

A. The plaintiffs' assertion

The plaintiffs' arguments against the defendant foundation are as follows.

(1) The Defendant Foundation is operating a primary medical institution that guarantees the life and health of ordinary people. Therefore, even though it has a duty of care to prevent medical accidents by providing medical facilities that meet the current medical standards and by providing appropriate education, management and supervision to medical personnel such as doctors and nurses, it neglected this duty, and Nonparty 2, who is a doctor of the Manan Hospital (hereinafter referred to as the “Defendant Hospital”) under its jurisdiction, failed to provide appropriate medical treatment as follows, which led to the death of the above Nonparty 1, who was at the Defendant Hospital, and thus, is liable to compensate for all damages suffered by the deceased and the plaintiffs.

(2) Out-of-the-counter misunderstandings: (1) Although the above deceased was in a state of sul and sule caused by damage to pulmonary fages at the time of the accident, and caused by a fage and sule caused by a fage fage, the doctor on duty at the defendant hospital was unable to provide appropriate treatment by failing to discover other diseases except for metal material is fixed on the right-side fage as a result of an external diagnosis against the deceased, and by wrong diagnosis such as X-ray flasil. (2) Even if sule and sule were not directly caused by the death of the deceased, the pulmonary pulmone and stress caused by pressure immediately the death of the deceased, and the pulmonal sule causes pain and stress by itself, and the pulmonary fage and stress caused by it, and the supply of oxygen in the body is not smooth. Therefore, there is an indirect causal relationship, even if there is a decrease in natural therapy.

(3) The cerebrovascular, etc.: (1) Even after the deceased was at the Defendant hospital, he did not recover consciousness once after the diagnosis, the deceased did not have any fluorous fluor, and even after the diagnosis was completed, the fluorous fluoral fluor, and the fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoralsium, the doctor of the Defendant hospital diagnosed the fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor fluor fluor fluor fluor fluor fluor fluor fluor fluord fluor fluor fluor fluor flud f.

(4) The failure to take measures for electric power generation: Around September 30, 2002, the Defendant hospital took a little amount of 09:00 on September 30, 2002, which was the following day of the accident, and left the deceased at a long time, but was left alone at a long time, and the same day passed after 14:00 on the same day, and caused the cerebral cerebral cerebral ties by transferring the deceased to the Seoul National University Hospital so that the deceased could receive appropriate treatment.

B. The judgment of this Court

(1) As to the external error

(4) Even if the defendant hospital was found to have been found to have had no fluoral sule 1 to 4, 1 to 10, 3, 4, and 5 were found to have been found to have no sule sule sule due to the fact that there was no sule sule sule sule sule sule sule sule sule sule sule sule sule sule sule sule sule sule sule sule sule sule sule sule sule sule sule sule sule sul sul sule sule sul sule sul sule sule sule sule sul sul sul sul.

(2) As to the misunderstanding of cerebral blood, etc.

(A) Next, as to whether the Defendant Hospital was suffering from cerebrovascular, etc. which directly became the deceased's private person, the following facts are examined: Gap evidence 9-1 through 4, Eul evidence 10-1 through 4, Eul evidence 4, part of the witness's witness's testimony, Gwangju Citty Hospital head of this court and Jeonnam University Hospital head of this court (as of July 30, 2003), each fact-finding with respect to the Korean Medical Center head, Eul evidence 2-1 and 2-1, and the result of the Defendant Yang Yong-ky's personal examination (the plaintiffs were withdrawn from the above defendant's lawsuit after the two-party personal examination); the result of the film examination of the Head of the Namnam University Hospital on July 21, 2004, the results of the appraisal of the film hospital head of the Namnam University Hospital on the same day, and the result of the appraisal of the hospital head of the Namnam University and the testimony of the witness's testimony in whole cannot be acknowledged as being contrary to the overall purport of the witness's testimony.

1) The course of study from home to day of hospitalization

① At the time of the deceased’s visit to the Defendant Hospital, the latter body was laid up, the head was raised, and the Defendant Hospital complained of the pain. As seen above, Nonparty 2 of the Defendant Hospital’s doctor Nonparty 2 took brain CT photographs after a detailed physical examination and diagnosis. As a result of the examination, there was a opinion suspected of having dystrophical brain 3) and dystrophism, but this was not serious as a result of a traffic accident, but as a matter of course, it was naturally absorbed and lost after the lapse of time. Therefore, rather than performing the surgery, the deceased tried to observe the occurrence of delayed dystrophism and to keep the progress.

② 위 소외 2는 망인에 대한 위 뇌 CT 촬영 결과에 대하여 "다발성 뇌내출혈 및 출혈성 뇌좌상, 좌측측두 두정부"라고 판독하였음에 대하여, 이 법원이 화순전남대학교 병원장에 대하여 행한 필름감정촉탁에 있어서 진단방사선과 감정의 서정진은 위 촬영 결과에 대하여 "㉠ 뇌좌측 측두엽, 전두엽, 두정엽 그리고 우측 전두엽에 다발성 출혈성 뇌좌상 및 뇌실질 출혈이 있음, ㉡ 두정엽 부위에 축삭손상이 의심됨, ㉢ 뇌좌측 측두-전두엽과 우측 전두엽 경막하 혈종이 의심됨, ㉣ 두개골 골절은 보이지 않음, ㉤ 우측 두피에 부종과 혈종이 있음"이라고 판독기술하면서, 위에서 ". . . 있음"이라고 표현 내용은 위 소외 2의 판독지에 거의 기술되어 있고, ". . . 의심됨"이라고 한 소견에 관해서는 판독기술이 다소 미약한 것이지만, 이는 감정의 입장에서 의심해 볼 수 있는 소견이어서 기술한 것일 뿐이고 일반적으로는 기록하지 않는 소견이며, 위 미약한 일부 병변에 대한 기술의 경우 대부분 추적 뇌 CT 검사에서 확인 가능한 것이므로 위 소외 2의 판독 결과가 환자의 예후에 중요한 소견을 기술하지 않은 오류는 범하지 않았다는 취지로 진술하고 있다.

③ In addition, in the case of cerebral cerebral rupture, which was read as a result of the above CT shooting, the thrupture rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture ruptures, but there is no reason to conduct immediate operation rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture rupture, but there is no reason to conduct immediate operation rupture rupture rupture rupture rupture rupture

④ At around 19:20 on the day of the accident, Non-party 2 hospitalized the Deceased as sick room, after administering a 5% physiological infection and a chlosophical control for the Deceased by 5%.

2) The course from hospitalization to the discovery of cerebrovascular;

① After being hospitalized, at around 23:00 on the same day, the Deceased was hospitalized at around 23:40, and at around 5:40, Nonparty 2, the doctor of the Defendant hospital called from a nurse to the effect that the Deceased appears to have a sensitive response, conducted a medical examination of the deceased’s food condition, luminous team, and psychotropic abnormal symptoms. As a result, the dynamic team was normal and there was little difficulty in communication due to the deaf-mute relationship. However, in the case of cerebrovascular, it does not appear that the deceased’s awareness was reduced. However, in the case of cerebrs, the above Nonparty 2 appears to have an excessive sensitive response, such as “hye - to get off the brue while leaving it,” and thus, Nonparty 2 appears to have observed the x halog injection (cerebrs and improving blood cycle in the cerebrs while leaving it down) and Qex, and it appears necessary to observe and explain to the guardian more detailedly after the surgery.

② Although Nonparty 2 observed the Deceased by not later than 24:00 on that day, he was in the sick room of the Deceased for the purpose of diagnosing other patients with no respiratory or any other abnormal symptoms. On September 30, 300 of the same year, Nonparty 2 diagnosed the Deceased on the ground that at around 00:50 on September 30, 200 of the same year, the Deceased was under a sensitive condition, and even at that time, he did not have any serious neological abnormal disorder such as dynamic team and loss of food, etc., and even at that time, he was in need of more detailed observation of the Deceased. However, at one hour after moving the Deceased to a middle patient room, he did not have been able to maintain blood pressure relatively stably and have no consciousness, and the Deceased did not have any special change until 06:00 on that day.

③ At around 08:00 on the same day, the response that the deceased did not have a power and the consciousness seems to have been deteriorated, the nurse of the patient's room reported this to the neutronite, and the above mar was observed by the deceased. The physical examination showed that the neutronological examination showed that there was a state where the neutron was left by appearance, and the neutronological examination showed a small degree of force against the right, and there was no special abnormal opinion on the neutronological examination of the deceased. However, even though the neutronological examination of the deceased did not observe the neutronological examination of the neutronian, the leutronic leutronical leutical leutical leutical leutical leutical leutical leutical leutite (the leutical leutical leutical leutical leutical leutical leutical lephical lephal mal.).

⑤ As a result of the MRI photographing, blood transfusion out of the upper right side side of the brain border, and brain in the vicinity of the lower left side of the brain, etc., the deceased’s guardian gave instructions to transfer to a hospital with a large amount of hospital capable of surgery after explaining the results and quantity of blood species, the severity and degree of damage to brain conditions, the possibility of death, the possibility of death, and the death rate of the surgery.

6. In the case of cerebral cerebral typhism or thalphal typhism, 80% of cerebral typhal typhal typhism is similar to cerebral typhal typhism, and 80-90% of cerebral typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhalphal typhal typhal typhal typhal typhal typhalphalphal typhal typhalphalphal typhalphal typhal typhal typhalphal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typh.

(B) As seen above, as Non-Party 2 took care of Non-Party 2, the deceased was no longer suspected of having 0 meconium 2 after Non-Party 2 took meconium 3, and then meconium meconium meconium and meconium meconium meconium, even though Non-Party 2 did not take care of meconium 1, Non-Party 2’s meconium, it is difficult to view that the patient’s meconium meconium was no longer necessary to take care of meconium meconium 1, 200 and Non-Party 2’s meconium meconium meconium 1,200. Furthermore, it is difficult to view that the treatment method of Non-Party 3’s meconium meconium was no longer appropriate for the patient’s meconium treatment without any meconium meconium meconium me.

(3) As to the failure to take a electric power resource measure

Finally, in full view of the purport of the oral argument as to whether the defendant hospital was unable to take measures for the power generation of the hospital, the whole statement of the oral argument is as follows: ① The above mix was taken by the deceased at around 10:00 on the same day after the photographing was taken with respect to the deceased at around 14:0 on the same day; ② The normal person requires 30-40 minutes in the case of the deceased. If it is difficult to maintain the attitude at a certain time because the patient's consciousness is good or it was difficult to carry out the order of the instructions, the first mix was taken, and then the first mix time after the lapse of 10 hours on the day, ③ The above mix time was taken by the deceased's guardian at the time of shooting, ③ The above mix time was taken by 10 on the day before the arrival of the hospital, and the patient's mix was also considered to have no more than 2 hours on the day before the arrival of the hospital.

C. Sub-committee

Therefore, the plaintiffs' respective claims against the defendant foundation seeking the payment of damages on the premise that the defendant foundation caused the deceased's medical malpractices to the deceased, without any need to further examine the remainder of the claims, such as the amount of the damages.

4. Conclusion

Therefore, all of the plaintiffs' claims against the defendants are dismissed.

Judges Dok-jin

Note 1) MI (Magtic Reson Imathing): Self-official filming

Note 2) CT (Small Momography): Computer single-story shooting

주3) 뇌좌상이란 “혈액성분의 혈관외 유출과 다소의 신경조직의 파괴를 보이는 외상성 구조변화”라고 정의되고 있으며, 이른바 뇌에 멍(bruise)이 든 것이라고도 볼 수 있다. 이러한 뇌좌상은 CT가 가장 좋은 진단방법으로 알려져 있으나 모든 뇌좌상이 CT로 진단가능한 것도 아니므로 최근에 MRI(자기공명영상)이 두부손상의 진단에 이용되면서 CT상 발견되지 않던 뇌좌상을 진단한 보고도 있다고 한다. 뇌좌상은 시간이 가면서 괴사, 부종, 출혈 등의 변화가 일어나게 되며 작은 경우에는 대부분 흡수되어 없어지게 되나 큰 경우에는 종괴효과가 더 커지게 되어 의식장애가 악화된다. 뇌좌상의 치료방법에 관하여는 논란이 많으며, 뇌좌상의 종괴효과가 크고 두개강내압이 높으면 수술적 요법을 요하며 수술은 되도록 조기에 실시해야 손상된 모세혈관으로부터 부종이 악화됨을 막을 수 있다. 뇌좌상의 사망률은 25-60%라고 하며 다른 병소를 동반했거나 나이가 50세 이상일 경우, 수술 전 의식상태가 나쁠 때 예후가 나쁘다고 한다. 〈을다 제2호증의 1, 2, 두부외상학 참조〉

4) Of course, even if the immediate operation is not required for the patient, it is in principle to take into account the changes in the disease by making a tracking brain once more than six hours in ordinary, and it is necessary to carefully observe the patient's condition while implementing a major law in most cases where it is not necessary to conduct an emergency operation.

5) Of the evidence No. 10-2, the part consisting of “Gutop” at night 11:40 on the day of the accident, the nurse displayed that the part, “Gutop” was not Gutop, and this appears to have been displayed to report whether the deceased had Gutop since at night 11:00 on the day of the accident, the deceased had been on one occasion at night, and thus, it appears to have been displayed to report whether there was Gutop.

6) The term neological disorder refers to symptoms, such as physical sense or a sense of sense, respiratory disorder, memory disorder, etc., depending on the location of the brain disease.

Note 7) The delayed blood transfusion refers to the occurrence of a new type of blood transfusion on the part without the blood transfusion from the previous test image. At the same time, the disease plant with the blood transfusion in the early stage is included in the case where the disease plant with the blood transfusion changes from the test to the very large number of blood species. The delayed cerebral blood is generated within the first 2-4 days and, as soon as possible, within the first 2-4 days. In the case of a patient with a delayed cerebral blood, most of the cases are rare and most of the other types of brain damage in the case of a patient with a delayed cerebral blood relative immediately after the injury. In addition, since the dys and the dys and the dystropha are very large in size, the average death rate is higher than twice the patient with no significant change in the tracking test. See See See See See 2-1, 2-2, and see Ministry of Foreign Affairs and Trade, respectively.

Note 8) The blood species and the blood transfusion are mixed with the same meaning, but the direct diameter of which is not less than 1cm is distinguished from the blood species. See Section 2-1, 2, see Section 2-1, 2-2, see Section 2-2.