Compared causal relation with death during an operation due to a traffic accident;

In a case where the victim died from addiction by suffering from the injury of two mouth transfusions due to traffic accidents, and by mistakenly supplying hydrogen gases in the course of anesthesia during the surgery, it may be deemed that the private person has complexed.

Article 750 of the Civil Act

Supreme Court Decision 69Da1618 Decided December 9, 1969

Plaintiff 1 et al., Counsel for the defendant-appellee

Busan Traffic Co., Ltd. and two others, Counsel for the defendant-appellant-appellee and two others

Seoul High Court Decision 78Na2031 delivered on April 27, 1979

All appeals are dismissed.

The costs of appeal shall be assessed against the defendant, etc.

(1) As to the grounds of appeal by the attorney of the Defendant Cro Broadcasting Co., Ltd. on the grounds of appeal, the court below held that the non-party's private person in this case was combined with the two gental transfusions due to the traffic accident in this case where the Defendant Cropi committed the Defendant Cro, and the nitrogen gas addiction in the anesthesia process of this case, the above judgment of the court below is justified, and there is no error in the misapprehension of the rules of evidence or the misapprehension of the legal principle of proximate causal relation.

(2) As to the grounds of appeal by Defendant New Enterprise Attorney,

No. 1, the author argues that the source of the oxygen (the content) of the issue that caused the accident of this case is the factory of the defendant company, and that there is no evidence that the source is the factory of the defendant company, and it can be sufficiently recognized that the source is the factory of the defendant company, which is not based on evidence of the court below, or that it is illegal to mislead the facts against the rules of evidence.

In sum, the second and second points are that with respect to the death of the non-party in this case, the court below erred in the misapprehension of legal principles as to the causation by inserting the court below's liability for joint tort liability by inserting the ground for his liability to the non-party in the case of the death of the non-party in this case, or in the case of the non-party ○○ or the agent of the defendant company, or in the Korean Red Cross,

However, considering the record, the court below's decision is just and it is not clear that the theory of lawsuit is illegal.

(3) As to the grounds of appeal by Defendant Korean Red Cross Attorney:

According to the reasoning of the judgment of the court below, the court below recognized that the parties to the △△ Hospital affiliated with the defendant had been negligent in neglecting the duty of care such as the time of original purchase in treating the high-pressure gas container for the purpose of smoking in oxygen, on the ground of the same reasons as the time of original purchase, and concluded that the

Upon examining the record, this measure of the court below is justified and it is not erroneous in the misapprehension of the legal principle of causation of tort.

Therefore, all appeals by Defendant et al. are dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ahn Byung-soo (Presiding Justice)