204.Joint 813 Compensation for damages, etc.

1. Kim;

2. 00

The address omitted.

[Judgment of the court below]

Ma-○

Address omitted

Law Firm ○, Attorney Lee Dong-young

Attorney Lee In-bok

may 22, 2006

April 5, 2006

1. The defendant shall pay to the plaintiff Kim ○, 200,000 won, 30,000,000 won to the plaintiff Lee ○○, and 5% per annum from January 1, 2004 to April 5, 2006, and 20% per annum from the next day to the day of full payment.

2. The plaintiffs' primary claims and the remaining conjunctive claims are all dismissed.

3. Of the costs of lawsuit, 4/5 are assessed against the Plaintiffs, and the remainder are assessed against the Defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiffs 91,597,901 won each of them and 5% per annum from January 1, 2004 to the day of delivery of a copy of the complaint, and 20% per annum from the following day to the day of complete payment.

1. Basic facts

A. Status of the parties

In the course of delivery at the ○○○ Council, the plaintiff ○○ Council member, the plaintiff her husband, Kim 00, who suffered from an accident where the fetus was still stillborn, and the defendant is a medical specialist who operates the 00 Council member (hereinafter referred to as "the defendant Council member").

(b) Courses for a prior medical examination and delivery;

(1) On March 1, 2001, when the plaintiff Lee ○○ was married on March 1, 2001 but was not pregnant, the plaintiff was pregnant with the success in the artificial insemination in the 003th artificial insemination, around April 2003. Since September 2003, there was no problem between the mother and the fetus.

(2) From 38 weeks of pregnancy to 10:00 on December 30, 2003, the Plaintiff Lee ○○ received a medical examination from the Defendant’s Assembly member on the same day at intervals of 18:00 to 30 minutes on the same day, and had the Defendant undergo a medical examination again on December 31, 2003. At the time, there were approximately 1:2 cms of guns and 1-2 cms of spacin, and the Defendant was hospitalized to the Plaintiff Lee ○○, and was hospitalized on a regular basis.

(3) 원고 이○○은 2003. 12. 31. 21:50경 출산준비물을 챙겨 피고 의원을 내원하였는데 당시 피고는 퇴근하였고, 1996. 4. 간호조무사 자격증을 취득하고 2000. 1.부터 피고 의원에서 근무하고 있는 간호조무사 김◎◎이 혼자 있었고, 김◎◎은 원고 이ㅇㅇ의 태아 심장박동수 등을 측정한 결과, 심장박동수는 147회/분, 자궁개대는 2~3cm 정도(2F1)), 자궁경관소실2)은 80%이었다.

(4) On December 31, 2003, Kim Mandong’s contact with the Defendant and hospitalized the Plaintiff Lee ○○○○ on December 31, 2003 by Defendant Hospital 407.

(5) At around 02:00 on January 1, 2004, Kim Man-knick, the plaintiff Lee-kn-kn-kn-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

(6) When Plaintiff 02:20 on January 1, 2004, Plaintiff 02:20 on the 02:20 on the 1st, 2004, Plaintiff 00 on the knives of the knives ( Plaintiff 00 on January 1, 2004, Plaintiff 00 on the 02:20 on the 02:20 on the 1st, the knives demanded the knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives kn’s k.).

(7) On January 1, 2004, at around 07:05, a fetus was found to have been 100/minutes/minutes, and after 10 minutes, the heart stay room number again fells to 80/minutes, and Kim Mandong was deemed to have fallen from the heart stay number by telephone to the Defendant, and the Defendant: (a) the Defendant promptly injected the amount to Kim into the Republic of Korea; (b) the mother was placed on the left side; and (c) the Defendant ordered the supply of a oxygen by attaching the oxygen respiratory body; and (d) Kim 00

A measure was taken.

(8) On January 1, 2004, at around 07:25, 2004, the heart bomb of the fetus continued to fall up to 60-80 times and decentralization, and at around 07:30 on the same day, Kim 00 left the Plaintiff’s bomb by inserting the hand into the bomb in order to confirm the condition of the bomb, and at this time, the transferee was mixed with the bomb and the bomb.

(9) At around 07:30 on January 1, 2004, Kim Wil reported the situation to the Defendant again by telephone, and according to the direction of the Defendant’s member, who had a lodging place in the vicinity of the Defendant’s Assembly member, contact the director of the U.S., the assistant director of the U.S. and the assistant director of the U.S., to prepare for an operation, the Defendant called to

(10) Around 07:40 on January 1, 2004, ○○, upon arrival of the Defendant Council, confirmed the early wave of the fetus and confirmed the operation of the fetus, made the operation decision to which the heart is almost rarely in the heart, and explained to the Plaintiff Kim○○ that he should conduct an emergency scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic sche

(12) The Defendant went to go to the Jink Jin Jin-Jak, and arrived at the Defendant’s Council member on January 1, 2004 after receiving contact with Kim Man-Jak, but it had already completed the king-Jaking king.

(13) As a result of the autopsy of the fetus, the private person was in a state in which the death of the mother was unknown. Relevant medical knowledge

(1) The death and the death of a stillborn baby refer to both stillbirth and the death of a newborn baby. The stillbirth (IUD, inturine deth) generally refers to a case where the fetus died at the time of birth or before and after birth, and the body weight of the fetus is at least 500g (if the body weight of the fetus is less than 500g, an miscarriage). The presumption of stillbirth is that the fetus, such as chromosomes, is at least 25-40% of the fetus, 25-35% of the fetus, such as chromosomes, and 5-10% of the maternity, and 25-35% of the cause of the stillbirth.

(2) The process of delivery is divided into three (3) stages from the date of delivery of a fetus to the date of delivery of the fetus and the date of delivery of the fetus. The first (1) period from the date of the complete opening of the landscape, the first (10cc) period, until the entire opening of the landscape, the second (2) period, from the date of the fetus to the date of the birth of the fetus, shall be considerably divided into two (2) period, the first (1) period from the beginning of the landscape, the first (1) period from the beginning of the landscape to the full opening of the landscape, and the first (4) period from the beginning of the landscape, and the first (4) period from the beginning of the landscape to the expiration of the solar and the fetus. The first (4) period after the start of the landscape, the first (9) period shall be considerably divided into two (2) period, the last (4) period, the last (4) period after the end of the landscape, and the last (4) period of the landscape.

(3) The characteristics of the so-called so-called so-called “safinite safinite safinite safinite safinite safinite safinite safinite safinite safinite safinite safinite safinite safinite safinite safinites, the regular interval, the interval is gradually short, the strength is gradually increased, the distribution and the displeasure of clothes, the combination of safinite safinite safins

(4) During the first period of delivery delivery, a medical doctor shall monitor the fetus’s heart heart, the frequency, period, and strength for the fetus with respect to the fetus, and the woman’s attitude with respect to the woman in a mountain, and conduct an internal diagnosis in order to verify the condition of the womb, the degree or location of the fetus’s mouth, and examine the virutivity of the woman in a mountain, etc. The average time for the first period of delivery is eight hours in the mountain part in the mountain part in the mountain part and five hours in the mountain part in the mountain part in the mountain part in the mountain.

(5) Unborn heartide;

(A) As the fetus grow, the fetus heart rate is reduced in the difference, and the basic heart rate of the fetus is also changed according to the body of the pregnant or nursing woman. The average heart rate of the fetus is 120 to 160 times per minute. In the process of delivery, it cannot be uniformly determined at intervals of time when the condition of the fetus and the fetus is observed. However, in the U.S. in the first time of delivery, it is recommended to observe at intervals of 30 minutes for the first time of delivery in the U.S. in the first time of delivery and at intervals of 15 minutes for the second time of delivery (in the case of high-risk soldiers, at intervals of 5 minutes) at intervals of 120 minutes or more for the last time of the 161st to 180 minutes in the case where the basic heart rate of the fetus occurs at least 15 minutes per minute.

(B) If the fetus heart is repeatedly reduced to less than 120 man/minutes after the Rose of Sharon, it is doubtful that the fetus fatom is difficult, and if there is a heartide less than 100 man/minutes after the Rose of Sharon, the fetus fatom is almost certain, even if the fetus is recovered to 120-160 man/minutes prior to the fatom.

C) In the event that the heart of a fetus continues to decrease, there may be causes such as the excessive decline of the womb, the tring of the bell, the tringing of the bell, the tanging of the bell, the tamping of the bell, the tamping of the bell, the tamping of the bell, the repeated escape of the bell, the escape from the bell, the organ quality of the fetus, etc. In the event that it is confirmed that the heart of the fetus is rapidly lowered, the hospital must determine the location change of the mother, the tamping of the womb, and the attitude of the arm’s length of the fetus at the time

[Ground of recognition] without any dispute, Gap evidence 1, Gap evidence 4-1 through 7, Gap evidence 4-9-1 through 12, Gap evidence 5-1 through 13, Gap 7, Eul evidence 8, Eul evidence 1 through 3, Eul evidence 1 through 3, defendant Kim Man's testimony, the fact-finding results on the President of the Korean Medical Association of April 14, 2005, the plaintiff Kim ○-○'s result of the plaintiff Kim-○'s personal examination, and the purport of the whole pleadings

2. The parties' assertion

가. 원고들은, ① 피고가 분만과정에 아무런 지식과 경험이 없는 간호조무사인 김○◎에게 모든 과정을 맡김으로써 원고 이○○이 전문적인 의료보호의 기회를 받지 못하도록 방치하였고, ② 피고는 출산과정에 있어서 산모와 태아에게 발생할 가능성이 있는 생명 신체의 위험에 대해 사전에 원고 이○○에게 설명하고 산모와 태아의 상태를 예의주시하여야 할 의무가 있음에도 이를 위반하였으며, ③ 태아의 심장박동수가 떨어질 경우 즉시 수술 내지 전원 등의 조치를 취하여야 할 의무가 있음에도 이를 게을리 하였고, ④ 원고 이○○이 분만 1기 후반 내지 분만 2기 초기에 있었으므로 간호조무사인 김◎◎은 적어도 30분에 1회 태아의 심박동수를 측정했어야 함에도, 태아심박동을 측정하지 않고 나아가 분만기록지까지 위조하는 등 산모와 태아의 상태를 예의주시 할 의무를 위반하여 태아가 사망하였다고 주장하면서 주위적으로 태아가 출산 직후 사망하였음을 전제로 상속받은 태아의 일실수익, 위자료와 원고들 고유의 위자료 합계 각 91,597,901원의 손해배상을 구하고, 예비적으로 태아가 자궁내에서 사망한 경우 위 금액 상당을 원고들의 위자료로 구한다.

B. Accordingly, the Defendant reported to the Defendant on the situation of the Plaintiff ○○○○○, and the Defendant instructed the Defendant to take measures in accordance with the report, Kim Madle’s Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle Madle, Kim, Kim was appropriately measured and inspected the situation of the Plaintiff 00 and the fetus. ② In this case, as seen in the instant case, there was no time to take into account all other hospitals, and ③ in general, the time when the mother was hospitalized into a sle mar and the time when the mother was hospitalized into a sled madle 1 to 30 minutes from the time when the fetus occurred. Thus, the Plaintiff ○ did not assert the Plaintiff’s obligation to inspect the mar 10 minutes.

3. Determination

(a) Whether the fetus is still stillborn;

먼저 태아가 자궁 내에서 사망하였는지 살피건대, 갑 4호증의 1 내지 7, 증인 김◎◎의 증언, 이 법원의 대한의사협회장에 대한 사실조회결과에 의하면, 강○○가 김◎ ◎의 연락을 받고 피고 의원에 도착하여 2004. 1. 1. 07:40경 태아의 상태를 확인한 바태아심박동수가 10회 미만으로 거의 없었고, 같은 날 07:55 경 제왕절개만출술을 시행하여 자궁을 절개하자 자궁 내 태아가 태변에 착색되어 있었고, 같은 날 08:01 제왕절개 만출술로 태아를 꺼내어도 태아가 울거나 호흡을 하지 않고 심박동도 뛰지 않아 당시 수술에 참여한 마취과 의사 김□□이 신생아 심폐소생술과 태아 입속으로 호흡기관을 넣어 태변 잔류물을 흡입하는 등 10분간 소생술을 실시하였으나 회복되지 않았고, 부검감정결과 태아는 사인불명의 사산이라고 판단하고 있는 사실을 인정할 수 있으므로 위 인정사실에 비추어 보면 태아는 출산하기 전에 이미 사망하였다 볼 것이다.

Therefore, the primary claim of the plaintiffs on the premise that the fetus died immediately after the birth is without merit, and therefore, the claim of the plaintiffs is related to the preliminary claim of the plaintiffs.

B. Judgment on the assertion that the plaintiff Lee ○-○ was neglected

The plaintiffs claim that the plaintiff ○○○○○○ (the assistant nurse), who had no knowledge and experience in the process of delivery, neglected to receive professional medical care. As such, the plaintiff 2, who had been hospitalized in the defendant’s National Assembly on December 31, 2003, the defendant had already retired and only the assistant nurse, as seen above. The plaintiff 2, who had been staying in the defendant’s National Assembly on April 1, 2004, could not be found to have been 0: 7: 7: the defendant’s assistant nurse’s license was obtained on April 1, 1996; 7: 0: 0: 1: 1:5:5: 3: 0: 4: 4: 7: 5: 1; 3: 4: 4: 5: 1; 4: 1; 1; 2000 : 3: 4: 1; 205: 1; 201: 1; 3: 4. 1; 1. 20, etc. 200. Maknumknumkn.

The plaintiffs asserted that when this ○○○ was hospitalized at around 21:50 on December 31, 2003 by the defendant National Assembly member, the assistant nurse, left knives knives knives knives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives kives k’s kives kives kives k’s k’s k’s k’s k’s k’s k’s.

D. Determination on the violation of the duty to take all measures

The plaintiffs claim that the defendant did not take an emergency operation or electric source of the fetus immediately if the heart number of the fetus falls rapidly. According to the evidence No. 10, if the fetus reported the urine, and if the heart fly fell rapidly, even if the heart fly fell off, it shall not take other measures than operation unless the fetus is recovered even if the heart fly fell off, and even if the heart fly fell rapidly, it shall not be taken other measures. On the other hand, the defendant, at around 07:20 on January 1, 2004, at around 80/20, administered the fetus immediately after receiving contact with the assistant fly fell off by telephone, and supplied the acid to the mother, and since the 07:30 on the same day, it is difficult to view that the plaintiff's fly fell from the body of the defendant fly disabled who resided in the place of the defendant fly disabled, and that it is necessary to contact the plaintiff 1's clinic with the mother fly discharged by the defendant 2000.

E. Determination as to the violation of the duty to measure an embryo heartballe

(1) Mabor record, forgery of Gap evidence 5)

According to the plaintiff ○○'s 11 evidence No. 5-11, which is the 5th 4th mar of this case, the 20th 1st mar of this case: Kim 21:50 mar of December 31, 2003; 02:0 mar of January 1, 200 128 mar, 03: 13 mar of 03: 125 mar of this case; 04 mar of this case's 205mar of this case's 20th mar of 205mar of this case's 20: 30mar of this case's 40mar of 20, 05mar of this case's 30mar of 20, 06mar of 127mar, 07 mar of 10mar of this case's 204.

(2) Violation of the duty to measure the depth of drinking water.

In light of the following circumstances, the Plaintiff’s ○○○○’s 0thm of time after the death of 38 weeks, and the Plaintiff’s 20th of time after the 20th of December 30, 203, the 1st of time after the 30th of time after the 1st of October, 2003, and the examination by the Defendant’s Council members, which led to the outbreak of 1 to 2cm of time, and the 1st of time after the 20th of time after the 20th of time after the 20th of time after the 20th of time after the 20th of time after the 30th of time after the 20th of time after the 20th of time after the 20th of time after the 1st of time after the 20th of time after the 1st of time after the 30th of time after the 20th of time after the 1st of time after the 200th of time after the 20th of time after the 20th of time after the 20th of time.

F. Calculation of consolation money

The plaintiff 00 succeeded in pregnancy at the end of the effort for artificial insemination over five occasions, but the fetus was still still still stillborn in this case, the fetus was 38 weeks of pregnancy, and the plaintiff Lee ○ was hospitalized in the defendant Council at around 21:50 on December 31, 2003, and at least 9 hours from January 1, 2004, the plaintiff Lee ○○ was under the management of Kim Man's assistant, an assistant nurse without the defendant Council member's will, on the other hand, during the period of 9 hours from around 07:40 on January 1, 2004, the plaintiff Lee ○ was under the management of Kim Man's assistant without the defendant Council member's intention. On the other hand, the plaintiff's death after the fetus was conducted an emergency spathic scopic scopic scopic scopic scopic scopic scul, the cause of stillbirth was unknown, and the plaintiff's 300000 won.

4. Conclusion

Therefore, upon the plaintiffs' preliminary claim, the defendant is obligated to pay the plaintiff Kim ○○, 200,000 won and 30,000,000 won to the plaintiff Lee ○○○, and 20,000 won and the amount calculated by applying the rate of 5% per annum as stipulated by the Civil Act from January 1, 2004 when the fetus died to April 5, 2006, and 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the plaintiff's preliminary claim is justified within the scope of the above recognition, and all of the plaintiffs' primary claims and the remainder of the preliminary claims are dismissed. It is so decided as per Disposition.

The presiding judge, the number of judges

Judges Yoon Young-kon

Judge Choi Jin

(i) the width of the fingers entering;

2) The expression “self-spacifties” is a simple 2 cm square, both of which are the 2cc square meters at ordinary times.

e. means the active e.g., e., g., g., g., g., g., g., g., g.,

The degree of such landscape room shall be significant before writing. The degree of such landscape room shall be together with the process of formation of the pagnife House.

It shall be an index that can verify the degree of the course of advancement accompanied by the opening.