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(영문) 서울중앙지방법원 2014.11.19 2013가합7153

1. Defendant C’s each of the Plaintiffs’ KRW 38,210,545, and 5% per annum from March 16, 2012 to November 19, 2014.


1. Facts of recognition;

A. At around 07:55 on March 16, 2012, Plaintiff A given birth to a male newborn baby (hereinafter “the deceased”), through the king operation, at Gsan Women and Medical Center located in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “Defendant Council member”).


B is the husband of the plaintiff A and the father of the deceased.

Defendant C, as a doctor on duty who works for Defendant C, performed the king operation for Plaintiff A, and Defendant D and E had worked as a nurse on duty at the time of Defendant D and E.

B. From September 3, 2011, which was the third day of pregnancy, Plaintiff A started to undergo a pre-delivery medical examination from September 3, 201, which was the 13th day of pregnancy. Plaintiff A complained of 10 minutes of pregnancy 40 weeks, and was hospitalized for only 10 minutes of 11:0 on March 15, 201, and 10 minutes of 10 minutes of her pregnancy. Plaintiff A was hospitalized for 132 times at the time of her hospitalization (NST), and the fetus heart was 132 times at the time of her hospitalization (120 ~160 times at the 120 minutes of her area). Plaintiff A was 1cm of her womb.

Afterward, the fetus heart was maintained from March 15, 2012 to 20:00 each time from March 15, 2012 to 134 times per minute to 150 times.

Meanwhile, at around 18:30 on the same day, Plaintiff A was in effect of an inception for anesthesia.

3) While the Plaintiff’s 21:30 square meters of the same day was 1.5cm, and the 50% scopic landscape was 50%, the fetus heart was reduced to about 100 times per minute. The Defendant medical personnel supplied Plaintiff A with an oxygen, which led Plaintiff A to take the left-hand part while supplying the oxygen, and the fetus heart was recovered. Moreover, the Plaintiff’s scopic fat was confirmed, and the scopic fat was administered, and there was no error in taking over the scopic fat. The scopic fat was maintained at around 138 times on the same day, around 21:40 on the same day, around 22:50 on March 15, 2012, the Plaintiff A took part in the scopic fating fat, and the fetus was fatd from around March 20, 2012 to March 31:4, 2012.