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(영문) 대법원 2016.02.18 2014다67294
채무부존재확인 등
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiff (Counterclaim defendant).

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal on the responsibility of the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”)

A. (1) The lower court determined as follows with respect to the causal relationship between negligence and death in neglect of the past observation and death.

① The Plaintiff’s hospital medical professionals, including the Plaintiffs, have to carefully observe the condition of the deceased child more carefully for one hour immediately after the birth, by putting the deceased child into a patch with a patch and satch with a patch after birth, and without any record on the part of the deceased child’s batch with a view to discovering the condition of the deceased child at 15:30 hours after birth, and finds out that the deceased’s batch with a move of the deceased child and the batch with a batch with a batch with a view to finding the batch with a batch with a view to not knowing the batch with the batch at the time of birth. In full view of the fact that the batch and the batch with the batch with a view to not knowing the batch with the batch at the time of birth of the deceased child, the batch and the catch with the 35 meters range of the Plaintiff’s body.

② 모상건막하출혈이 지속되면 심한 빈혈, 경련, 혈액응고장애, 산증, 콩팥기능 부전 등이 발생하여 사망에까지 이를 수 있는 점, 망아 역시 신생아 모상건막하출혈과 이에 수반된 윗몸 뒷부위 물렁근육층 출혈이 발생한...

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