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(영문) 서울고등법원 2018.12.27 2018나2033150
손해배상(의)
Text

1.The judgment of the first instance shall be modified as follows:

Defendant each of the Plaintiffs KRW 79,700,756 and each of them 75.

Reasons

1. Basic facts

A. The Defendant operates the “Fsanbu and Council members” in Gangnam-gu Seoul Metropolitan Government E (hereinafter “Defendant Hospital”), and the Plaintiffs are parents of G (hereinafter “Madbu”) who died on April 15, 2015 (hereinafter “Madbu”).

B. On May 17, 2014, the Plaintiff A confirmed the fact of pregnancy and was diagnosed by the Defendant Hospital for six weeks at the early malpha, and was designated as the principal doctor by the Defendant.

Since then, on July 5, 2014, Plaintiff A was subject to the first marry test of dead-mar acid on July 5, 2014, and the second marry test of dead-mar infant on August 6, 2014. After that test, Plaintiff A was subject to blood, urine test, and marology test. The condition of fetus was all normal.

C. On January 18, 2015, Plaintiff A, a Sundays, sent a fluence to the new wall clothes, and applied to the Defendant Hospital at around 06:00 on the same day, and was hospitalized as the guide of nurse H, who was working at night time.

The Defendant hospital introduced the responsible delivery system and, barring any special circumstance, was responsible for the final delivery of the mother’s her mother during the pregnancy period, barring any special circumstance, that the Defendant was not the Defendant’s hospital. At the time of the Plaintiff’s hospitalization, the nurse H reported to the Defendant that the Defendant was absent the Defendant hospital the Plaintiff’s hospitalization, the extent of the Plaintiff’s womb’s appearance, the degree of progress, and the degree of the fetus’s degradation as an I message.

E. The Defendant was outside the Defendant hospital from the time of Plaintiff A’s hospitalization to the time of delivery, sent and sent an I message to nurses, and given instructions to nurses. The content of the I message sent and received between the Defendant and the nurse is as follows.

It is close to the original expression so as to make it possible to give and receive I message, and many signs, expressions, etc. which are written in Es(Sss) but which are not well used in the flat, will be omitted or changed into a flat text.

The direction of report(Defendant 06:21) at the time (Defendant 06:21) is the nit, the plaintiff, the gold day 39 wwks/primi whose son was the nit.

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