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(영문) 서울고등법원 2018.07.05 2017나2050073
손해배상(의)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The court's explanation on this part of the basic facts is the same as that of the judgment of the court of first instance, and this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. Since the plaintiffs' assertion of the medical personnel of the defendant hospital died due to the medical negligence as set forth in the above medical personnel of the defendant hospital, the defendant, the employer of the defendant hospital, has the obligation to pay the plaintiffs the amount of KRW 173,519,939 [the amount of inheritance = KRW 159,183,00 [the amount of KRW 218,36,000 + KRW 100,000 + the amount of KRW 1/2 of the lost income of the deceased child + the amount of KRW 100,000 + the amount of KRW 1/2 of the inheritance + the amount of KRW 2,836,931 [the amount of KRW 5,673,862 x 1/2] + funeral expenses of KRW 1,500,00 + KRW 3,000 +1/200 + the amount of consolation money of KRW 10,000]; and

1) The Defendant hospital’s medical personnel had been at the early stage of 32 weeks of pregnancy with the Plaintiff’s her mother, who had been at the early stage of 32 weeks of pregnancy, should have taken into account the stroke treatment, which enhances the maturity of her early delivery. However, the Defendant hospital’s medical personnel failed to administer the stroke for the termination of her fetus until her was delivered through the susking operation. (2) The Defendant hospital’s medical personnel failed to take into account the risk of her early stage of operation, as the Plaintiff’s mother was at the risk of her early stage of operation, and the deceased was at the risk of her early stage of delivery, ② the risk of her early stage of delivery, ③ the risk of her newborn, ④ the risk of early stage delivery, ④ the risk of her early stage of her early stage of delivery, ⑤ the effect of her surgery and its important administration at the time of her early stage of operation, including the Plaintiffs’ specific surgery, to reduce the her early stage of operation.

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