1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts

A. On April 21, 2014, Nonparty B was arrested on April 21, 201, and was detained by the Suwon District Court for special larceny, and the sentence became final and conclusive on June 12, 2014, upon being sentenced to eight months of imprisonment.

B was transferred to C prison on August 25, 2014, and released from prison on December 21, 2014.

B. B, on January 28, 2015, after undergoing a diagnosis of the Maambao Hospital, which was unable to provide medical treatment at the Aamba University Hospital, died of Maamba on April 28, 2015.

C. At the time of the death of B, the Plaintiff succeeded B as his spouse.

[Reasons for Recognition] Unsatisf

2. The parties' assertion

A. Since September 26, 2014, the Plaintiff’s assertion B complained of symptoms several times on the side of the C prison, the Defendant was obligated to take sufficient medical measures, such as having B receive medical treatment in an external medical facility.

However, C prison, upon examining the request of the plaintiff who wishes to receive external medical treatment, has taken a unfaithful medical measure such as prescribing only a patient without face-to-face medical treatment, deprived of the opportunity for treatment of B, and eventually caused B to put the time of treatment to death.

Therefore, the defendant shall compensate the plaintiff who inherited B for the damage caused by the death of B, and shall also compensate for the plaintiff's own mental damage as the spouse of B.

B. The Defendant’s assertion B does not require the Defendant to provide external medical treatment.

In addition, the defendant is not negligent in failing to provide B with medical measures necessary for the treatment of crypam because the symptoms complained by B alone were difficult to suspect crypam.

Even if B was found to have been in a situation where it was difficult to recover the Defendant’s disease, there is no causal relationship between the Defendant’s negligence and the death of B.

3. Determination

A. The key of the recognition of 1B is 153 cm, and on April 30, 2014, the weight of body was 49 km when confined in the Suwon Detention House, and on August 25, 2014, when transferred to C prison.