Text
1. Of the judgment of the court of first instance, the part against the defendant is revoked, and the plaintiffs' claims corresponding to the revoked part are all revoked.
Reasons
1. The court's reasoning concerning this part of the basic facts is the judgment of the court of first instance.
1. Basic facts
B. 1 The phrase “ June 18, 2010,” as “ January 8, 2008,” is the same as the corresponding part of the reasoning, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the cause of the claim
A. (i) The Plaintiffs’ assertion (i) caused cerebral cerebral tensions not anticipated at the time of the instant winging operations, and the medical personnel’s failure to take appropriate measures due to delayed understanding of the state of the death caused the death of the deceased. As such, the deceased’s death was asserted to be based on the direct result of injury caused by medical malpractice, which is an friendly accident, and claimed against the Defendant for the payment of the insurance proceeds under the insurance contract of this case.
B. The reason for the death of the deceased was based on disease or physical physical factors, so it cannot be deemed that the death of the deceased was an friendly accident.
In addition, this is merely a death caused by “accident without intention or negligence by a medical institution,” which is excluded from the scope of payment under Article 15 and attached Table 2 of the instant ordinary terms and conditions, and it does not constitute “in the time of treatment, there was no mentioning disaster at the time of treatment, but it does not constitute “over-the-counter and internal treatment that cause abnormal response or a merger to the patient,” and thus, there
B. (1) Of the instant ordinary terms and conditions of the medical institution, whether the medical institution’s intention or negligence was an accident, the “overbound accident” refers to all the causes of injury or death, not due to the physical defect of the insured, i.e., physical or qualitative factors, but due to external factors, rather than due to the physical defect of the insured, i.e., the cause of injury or death, and the burden of proof on the claimant for insurance as to the causal relationship between the external nature of such accident and the result of injury or death.