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(영문) 부산지방법원 2017.11.01 2015가합2389

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.


1. Basic facts

A. On March 8, 2012, J (K students; hereinafter referred to as “the deceased”) hospitalized in the Busan M Hospital located in the Seo-gu Busan (hereinafter referred to as “Defendant Hospital”) which was operated by Defendant B on the right fright franchising of March 8, 2012, and for the same month.

9. Defendant B received spawnism from a diplomatic mission chief (hereinafter “instant surgery”) and was hospitalized until the 15th day of the same month.

On the other hand, from the date of the above operation, Defendant B had the Deceased administered 200mg (100mg each time) a day to the Deceased.

B. On March 15, 2012, N, an assistant nurse of the Defendant Hospital, heard the opinion that the deceased will be on board, reported the above fact to Defendant C, who is a doctor within the Defendant Hospital, and conducted a director in charge of the deceased according to the prescription of Defendant C.

C. After that, the deceased discussed the skin around 11:00 on March 15, 2012, the medical personnel of the Defendant Hospital diagnosed the deceased as an acute tractic disorder by conducting an in-depth crypology test on the same day at around 14:30 on the same day, and transferred the deceased to the Indones Busan Hospital (hereinafter “Indones Hospital”).

On March 15, 2012, the Deceased was transferred to a white hospital on March 16, 201, and was hospitalized due to waste, tuberculosis, etc., for the same year.

4. 12. 17:26 Around 17:26, death was caused by Repulmonary resuscitation, etc.

E. The plaintiff and the designated parties are children of the deceased.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 2, 4 through 8, Gap evidence No. 23-1, 2, and Gap evidence No. 24, the result of each request for appraisal of medical records to the president of the Korean Medical Association, the purport of the whole pleadings

2. The assertion and judgment

A. As to the Plaintiff’s assertion’s breach of the duty of care 1, the Deceased died due to the outbreak or aggravation of the waste collection, etc. due to the Defendant hospital’s breach of the duty of care as follows.

① As the administration of ice to a deceased with no immunity, such as suffering from scarcitys, may cause the blood transfusion of the above Minister, such quantity shall be minimized, and in particular, ices shall be administered for a long time.