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1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid is revoked.
Reasons
1. As to the part of the underlying facts, the relevant part of the reasoning of the first instance judgment shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. The Defendants asserted that the Plaintiff’s assertion caused the death of the deceased in violation of the medical contract and the duty of care and good faith, such as negligence in managing the deceased with a large risk of abortion as the operator of the instant hospital. As such, the Defendants are liable for tort under Article 756 of the Civil Act based on nonperformance liability under Article 390 of the Civil
On the other hand, the death of the deceased was caused by the negligence of the plaintiff driver who caused the instant traffic accident and the negligence of the defendants who neglected to manage patients suffering from dangers caused by the death of the plaintiff. Since the defendants were exempted from liability due to the plaintiff's insurance money, the defendants are obliged to pay the plaintiff the indemnity amount of KRW 51,000,000 (=insurance amount of KRW 85,00,000 x 60%) and the delay damages for this.
3. As to the liability for damages and the occurrence of the right to indemnity, the relevant part of the grounds of the judgment of the first instance shall be cited pursuant to the main sentence of Article 420 of
(The summary is that there is a proximate causal relationship between a nursing agent and the deceased's death, which was caused by the negligence of breach of occupational duty, and the accident of this case and the deceased's negligence. The Defendants constitute an employer who actually directed and supervised the above nursing at the time of the occurrence of the accident of this case. Since the deceased was hospitalized due to the accident of this case, and the accident of this case occurred in the course of treatment, the Defendants, the above nursing agent's employer, jointly with the above nursing agent and the driver of the Plaintiff, are liable for damages caused by the deceased's death.
A. Under an insurance contract concluded with one of the joint tortfeasors, the insurer pays damages to the victim as insurance proceeds.