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(영문) 부산지방법원 동부지원 2018.11.29 2016가단205443
손해배상(의)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. A. At around 08:20 on April 8, 2016, I (J) died from the satise shock by pan-patum infection at the Indonesian Shipping Hospital. The Plaintiffs are children of the deceased.

B. Defendant F is the president of the Lvalescent Hospital located in Busan-gu K (hereinafter “Defendant Hospital”); Defendant G is the doctor of the Defendant Hospital who treated the Deceased; Defendant H is the nurse of the Defendant Hospital who performed on duty on March 18, 2016, and Defendant H is the nurse of the Defendant Hospital who performed on duty on duty on duty on March 18, 2016.

C. From March 18, 2016, the Deceased appealed to the Defendant Hospital’s medical team. Accordingly, the Defendant Hospital’s medical team, based on the judgment that the Deceased was doubtful, transferred the Deceased to the Indones Busan Hospital on March 19, 2016.

On May 18, 2017, the prosecutor of the Busan District Prosecutors' Office rendered a disposition that all of the charges of forging private documents related to the medical records of the deceased were suspected on the ground of lack of evidence.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, Eul evidence No. 1, the purport of the whole pleadings

2. The Defendants asserted as follows: (a) the deceased, who was hospitalized in the Defendant Hospital due to the fladratization of marine of one arms, was under the duty of care to kill the deceased and put him in the toilet; (b) on March 18, 2016, the deceased did not have the deceased when he was hospitalized in the Defendant Hospital, and caused the deceased to suffer brain-dead accident to go in the floor because he did not fluorize the deceased when he was at the hospital in the Defendant Hospital; and (c) on March 19, 2016, the Defendants left the hospital in his hospital and the person in charge of the above hospital, who was hospitalized in the Defendant Hospital, for 31 hours, left the deceased at the time of 31 hours without notifying the deceased of the fact that he was suffering from the brain-dead accident on the preceding day, thereby causing the death of the deceased, resulting in the death of the deceased at the time of treatment for the deceased.

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