In a case where a physician, who provided the first medical examination and treatment for repeated arching of the Gutotos and guides, repeats only the previous medical examination and treatment and prescription without taking any expected risk prevention measures, such as Ambassadors, even though the state has deteriorated despite his/her medical treatment and prescription, and a doctor who provided the second medical examination and treatment, without taking such preventive measures as above, died of a private person who is presumed to have been deprived of and to be superior to Ambassadors, the case recognizing a proximate causal relationship between the negligence and the death of the above doctor.

Since doctors who provided first medical treatment for a certain period of time repeatedly with the old soil and sand become aware of the fact that their prescription had not been expressed any effect at night while leaving their parents at the time of the second diagnosis, despite their respective parents' prescription, and even if their prescription had not been observed at night, it would be more likely that the disease of the deceased will have been deteriorated by taking measures such as blood pressure, beer, and dynasium, etc. for the purpose of preventing the death of the deceased, and that it would be more likely that the disease of the deceased will be easily aggravated by taking measures such as the treatment of the deceased, even if their two conditions were to be found that the disease of the deceased would not have been caused by the death of the deceased, and that it would be more likely that the death of the deceased would have been caused by the death of the deceased, and that it would be more likely that the death of the deceased would have been caused by the death of the deceased, and that it would be more likely that the death would have been caused by the death of the deceased, more than those of the deceased, and that of the deceased will would not be able.

Article 750 of the Civil Act

Masung and one other (Attorneys Kim Jong-dae et al., Counsel for the plaintiff-appellant)

Defendant 1 and two others (Attorneys Cho Sung-hee et al., Counsel for the defendant-appellant)

1. The Defendants shall pay to each of the plaintiffs leap an amount of 49,178,31 won, gold 47,178,31 won to the plaintiff leap an amount of 5% per annum from March 2, 1997 to January 13, 1999, and 25% per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims are all dismissed.

3. The costs of the lawsuit are five-minutes, one of which is the plaintiffs, and the other are the defendants' respective costs.

4.Paragraph 1 can be provisionally executed only for 2/3 of this Article.

The defendants jointly and severally pay 62,613,246 won to the plaintiff leap and 60,613,246 won to the plaintiff leap and 60,613,246 won to the plaintiff leap, and 5% per annum from March 2, 1997 to the date of the pronouncement of the judgment in this case, and 25% per annum from the next day to the date of full payment.

1. Occurrence of liability for damages;

A. Facts of recognition

The following facts may be acknowledged in full view of the evidence No. 1, evidence No. 4, evidence No. 5-2 (part) through 5, evidence No. 6-7, and evidence No. 1-7, and the fact inquiries about Non-party No. 1's partial testimony and the fact inquiries about Non-party No. 1's president of the Korean Medical Association and the result of the request for appraisal of medical records. Contrary thereto, the part of evidence No. 5-2 and the testimony of Non-party No. 1 by Non-party No. 5 cannot be relied on and otherwise there is no counter-proof.

(1) As seen below, the plaintiffs are the parents of the non-party 1 who died of the medical accident (hereinafter referred to as "non-party 1") and the defendant 1 and 2 jointly run the non-party 1 and the non-party 2 who died of the non-party 1 who died of the medical accident (hereinafter referred to as "the non-party 1"). The defendant 3 driving school (hereinafter referred to as "the defendant 3's driving school") operates the non-party 1's hospital (name omitted) located in the non-party 1, the non-party 2, the non-party 1 and the non-party 2 are operating the non-party 1 and the non-party 2 jointly.

(2) From February 28, 1997, the plaintiffs were in 17:00 on the same day as the non-party, who had shown the symptoms of Gu soil and snow. At around 17:00 on the same day, the non-party 1, a medical specialist of the defendant Council members, heard from the plaintiffs that the non-party had no heat despite the fact that the non-party had been exposed to the Gu soil and snow survey, and examined the non-party into the Cheongjin and the Cheongjin and the body, conducted a diagnosis of the non-party's symptoms and disguised infection that frequently occur to the non-party, and 1/2,000,0000,0000 picine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine urine 1,0000.

(3) 원고들은 소외인과 함께 귀가한 후 소외인에게 소외 1이 처방한 약을 복용시켰지만 구토 증세는 멎지 아니하고 설사를 11번이나 하는 등 증세가 더욱 심해지자 같은 해 3. 1. 오전 소외인을 데리고 피고 의원에 재차 내원하였는바, 소외 1은 원고들로부터 소외인이 밤새 보채면서 구토를 2번, 설사를 11번이나 하였으며 분유를 먹이면 곧 토해낼 뿐 아무런 음식을 섭취하지 못한 채 증세가 더욱 심해진 것 같다는 말을 들었지만 소외인의 체온을 재거나 달리 특별한 검사를 실시하지 아니한 채 청진기와 육안으로 소외인을 관찰한 후 근육주사 1대를 놓고 전날과 똑같은 내용으로 2일분의 경구약을 처방하면서 구토와 설사로 소실된 수분과 영양을 보충하기 위하여 이온음료와 설사방지용 분유를 먹여볼 것과 병세가 더욱 심하여지면 상급 병원에 가서 진찰을 받아 볼 것을 권유하였다.

(4) Although the plaintiffs returned to home and returned to the non-party 1 used the drugs prescribed by the non-party 1, they still continued to use the old soil and snow visa tax, and they were accompanied by a severe heat on 09:25 of the same month, on Sundays 2. At the time, the non-party 2, who had been a doctor on duty, took the drugs prescribed by the non-party 2 as an individual council member by showing snow and stoves before this mold, and stoves the drugs, which were included in the non-party 1’s medical examination, and the non-party 1’s medical examination results in the non-party 1’s diagnosis that the non-party 1’s stoves and stoves, and the non-party 1’s stoves and stoves, but the non-party 1’s stoves and stoves had the non-party 1’s stoves and stoves.

(5) At around 12:00 on the same day, the Plaintiffs returned to the Defendant Hospital, and the Nonparty gradually marced out the drugs prescribed by the Nonparty, and the Nonparty 13:00 on the same day, re-exploited the Gu soil at around 13:00 on the same day and ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever re-exploited

At around 17:00 on the same day, the Plaintiffs were taken the Nonparty’s second taking the drugs prescribed by the Defendant Hospital, but the Nonparty, from around 18:00 on the same day to around 18:00 on the same day, had shown symptoms of sacrificinging the telegraph while getting out of the sacrificing. The Plaintiffs who observed this, sent the Nonparty to the Defendant Hospital by using the Nonparty’s emergency vehicle around 119:0 on the same day.

On the other hand, 119 first responders tried to measure the beer while performing artificial smoking to the non-party during the 19th century, but the beer was almost rare. At around 19:17 of the same day after arrival at the defendant hospital, the non-party Park Jong-young, who is a doctor belonging to the baby department and the non-party to be a doctor belonging to the non-party, was diagnosed as having died because there was no heart nor the two ties did not appear for the anti-public team without being able to measure the beer and the respiratory level.

(6) In addition to the fact that the Non-Party’s autopsy results conducted by the National Institute of Scientific Investigation after the Non-Party’s death showed opinions on chronic dynase disease (chronic inflamery belea, trailitis), the said National Institute of Scientific Investigation determined that the Non-Party’s death could not be excluded from the possibility that the Non-Party might have died due to the above dynase’s disorder and the above dynase’s disorder caused by the death, unless there was any special damage or disease that could cause the death otherwise.

(7) The general length of disguised infection includes snow, stoves, stoves, and stoves, stoves, and stoves. The overall stoves may arise. In the event of stoves, any particular test shall be conducted in addition to the administration of antibiotics, but in the event of stoves, stoves, such as stoves, stoves, and stoves, if the conditions of stoves, such as stoves and stoves, may result in stoves due to a decrease in the number of body and insufficient obstoves, and the treatment shall be conducted to supplement the concentration and

On the other hand, since the movement of a baby or an infant to be transferred to a baby does not express the symptoms rapidly and rapidly compared to adults, so it can easily occur to the Ambassadors who will escape or move to a baby if it continues to do so. In such a case, as seen above, generally in light of the symptoms such as the increase of beer, blood pressure, decrease in volume, etc., in a serious case, the symptoms such as mixed water, mixed oil, light oil, heart, and scarcity, etc., can eventually lead to death, and therefore, it is necessary to take measures to prevent mergers through an appropriate inspection with the mind that if the infant or an infant seems to have continued to increase the number of times caused by this, and the number of times caused by this might be affected by the scarcity and scarcity, if so, and the number of times caused by this, if so, the number of times caused by this, and the number of times caused by this.

(b) Markets:

(1) In light of the result of autopsy against the Nonparty and the Nonparty’s symptoms and death, the Nonparty’s death is presumed to have been attributable to the loss of his/her body and the ideal of his/her ambassadors, etc., which will be transferred to him/her due to continuous discussions, commentaries, etc.

(2) At the time of the second medical examination of the Nonparty, Nonparty 1, who was employed by Defendant Council members, was aware of the Nonparty’s aggravation of the Nonparty’s disease without having expressed any efficacy, such as 11 times or when leaving the Nonparty in mind at night, despite the Nonparty’s prescription as of the day immediately before the second medical examination. Therefore, Nonparty 1, in light of the Nonparty’s age, knew of the Nonparty’s aggravation of the Nonparty’s disease by failing to indicate his prescription, such as 11 times or times, etc., he did not appear to have any effect, so it is necessary to supplement to supplement the number of supply or shortage of the number after checking whether there was a decrising symptoms, beer and urine, etc., and to prevent the Nonparty from getting the Nonparty’s disease by failing to take any further measures as seen above, even if the Nonparty had been able to get the Nonparty to undergo an examination of blood concentration and blood analysis, etc. immediately before the date of the immediately preceding medical examination and treatment of the Nonparty, even if the Nonparty did not have any duty to prevent the Nonparty’s disease and her disease.

(3) If the non-party 2, who is the doctor of the defendant hospital, had been treated at his own source by considering severe snow and stoves from the plaintiffs before this frame, but was examined by the non-party, and confirmed that the symptoms have deteriorated without any stoves, and after examining the non-party, the non-party 2 confirmed that the physical temperature increased to 39C as a result of the medical examination, the non-party 2 was discharged from the non-party with the intention to observe the status of the non-party in a more observation and take measures to supplement the supply or shortage of the amount according to the results of the examination as seen above, notwithstanding the duty to take measures to supplement the possibility of serious mergers, such as stoves caused by stoves and stoves, etc., in order to prevent this, the non-party 2, despite the fact that the non-party had been suffering from the symptoms of external escape and left the body of the non-party due to the administration of the

(4) If so, the medical accident of this case, i.e., the death of the non-party, was caused by the above mistake of the non-party 1 and the non-party 2, so long as the result that the non-party died due to the escape of his territory and the above mistake of the non-party 1 and the non-party 2, the defendant 1 and the non-party 2 cannot prove that the non-party died due to the non-party 1 and the non-party 2's negligence, not due to the non-party 1 and the non-party 2's above negligence, they are liable to compensate all damages suffered by the non-party and the plaintiffs in their family relations.

(c) whether to exempt and limit liability;

(1) The Defendant’s educational institute asserts that, at the time of the Nonparty’s release from the Defendant hospital, the Nonparty did not err in the treatment of Nonparty 2, who ordered the Nonparty to re-explosion when the symptoms are aggravated, and instead, the Nonparty did not have any symptoms showing that the Nonparty had increased the price of a general physically increased merchant due to decretion, food was mixed, and that the Plaintiff did not have any symptoms that fall short of the carbon properties of the skin. Rather, the Defendant’s educational institute did not err in the treatment of Nonparty 2, who was ordered to re-explosion when the symptoms are aggravated, and rather, the result of the Nonparty’s death was the result of the Nonparty’s death, which led to a sudden increase in the increase in the number of decretion caused by snow and earth or the lack of oxygen due to the lack of oxygen supply due to booming.

As seen earlier, the Nonparty, at the time of the first entrance into the Defendant Hospital, did not appear in a state where the Plaintiff’s rooted or tension was lost in a relatively obvious food condition. However, it is insufficient to recognize that the Nonparty’s overall condition was not enough to recognize that the Nonparty’s symptoms caused by decrisoning, such as the Nonparty’s construction of a grasium or the decline of the grasium, etc., due to the lack of the supply of oxygen due to the grasium, and there is no evidence to support that the Nonparty had died due to the low grasium due to the lack of the supply of oxygen due to the grasium caused by the grasium.

Rather, as seen earlier, symptoms showing symptoms that increase in the prices of death, the consciousness of the non-party is mixed, or fall under a dangerous condition that may cause the death of an ambassador to be transferred, as a general rule, because the number of times of death in the mouth is considerably advanced. The Non-party 2, despite of the fact that the non-party’s death was caused by the death of the non-party at the Defendant hospital, and the non-party 2 did not directly observe the remaining conditions of the non-party’s death, such as the non-party’s marrious, confection, heart, and sarrious, so that there is a high possibility that the non-party might easily escape or transfer to the Defendant hospital due to the death of the non-party, and the non-party’s marrious and sarrious increase in the prices of the non-party’s death, and that the non-party’s marrious and sarrious measures had not been taken for a considerable period of time after the non-party’s death had been confirmed’s death.

(2) However, as seen earlier, although the plaintiffs returned to the defendant hospital after returning the drugs prescribed by the non-party, it is recognized that the non-party had already died at the time when the defendant hospital arrived at the defendant hospital, the non-party showed the symptoms worse, such as the non-party's cessation of snow and stoves and the increase of stoves, and the second after taking the drugs, from March 2, 1997, 18:00, the non-party 18:00, 1997, when she s to observe the stove and s tove the s tove the stove with stoves, and the s tove the s toves toves to observe the s toves to observe the s toves to observe the s toves to observe the s toves toves to the non-party 19:00 on the same day as the above 19:00 on the day after the death of the defendant hospital.

2. Scope of liability for damages

A. Loss from actual import of the Nonparty

The actual income loss equivalent to the total monetary value of the lost capacity of the Nonparty is 79,195,829 won calculated at the present price at the time of the instant accident in accordance with the Hofmanial Calculation Act, which is deducted by the rate of 5/12 per month at the rate of 5/12 per annum, based on the following facts and assessment:

(1) Facts of recognition and evaluation

(a) Gender category: South Korea;

Date of birth: October 9, 1995

Age at the time of an accident: 1 South Korean War;

Name of rental: 67.33

(b) Residential rights: City;

(C) Actual income status: A daily unit wage for an ordinary worker engaged in daily work, which is 34,947 won around September 196.

(d) Period of operation and the number of days of operation: 22 days a month from October 9, 2017 to 60 years of age, after completing military service as an adult.

(e) Deductions for living expenses: 35% of revenues;

[Evidence] In the absence of dispute, Gap evidence 1, Gap evidence 2, and 3, each of the statements, experience, and whole purport of oral argument

(2) mountain mountain (if the forest is less than Won, less than Won; hereinafter the same shall apply)

gold 34,947 won ¡¿ 22 days ¡¿ 328.0501-169.57) ¡¿ 65% = gold 79,195,829 won

B. Limitation on liability

(1) The scope of the defendant's liability: 80% (see the above paragraph (1)(c))

(2) mountain.

The Non-Party’s actual import damage amounting to KRW 79,195,829 x 80% = gold amounting to KRW 63,356,663

C. Funeral expenses of the Nonparty

Plaintiff Maap Heavy: 2,00,000 won (the fact that there is no dispute)

(d) Condolence money;

(1) Grounds for consideration: the age, family relations, the circumstances and results of the instant medical accident, and other various circumstances shown in the instant argument.

(2) The amount determined;

Non-Party: 15,000,000 won

Plaintiff Maap Heavy: 8,000,000 won

Plaintiff Interest: Gold 8,000,000 won

(e) Inheritance relationship;

(1) The Nonparty’s property heir: the Plaintiff [refer to Article 1-1(a)(1)];

(2) Shares of inheritance

78,356,63 Won (63,356,663 won + 15,00,000 won + 15,000,000 won) x 39,178,331 won, respectively.

3. Conclusion

Therefore, the defendants are obligated to pay 49,178,31 won in total (39,178,331 won in inheritance + 2,000,000 won in funeral expenses + 8,000,000 won in total) to each of the plaintiffs leap, and 47,178,331 won in total (39,178,31 won in inheritance + 8,000,000 won in inheritance + 39,178,31 won in inheritance + 8,31 won in inheritance + 8,000,000 won in inheritance) and each of the above amounts to the plaintiffs leaplelele, from March 2, 197, which is the date of death of the non-party, to January 13, 199, and to pay 25,000 won per annum under the Special Act on the Promotion, etc. of Legal Proceedings, etc. from the next day to the date of full payment, each of the plaintiffs' claims are dismissed.

Judges Park Yong-ran (Presiding Judge)