[1] In a case where a patient who was hospitalized in a hospital due to a traffic accident and received treatment from a patient who was hospitalized in a hospital and received treatment, and then became an plant as a result of damage to low-carbon brain, the case holding that the hospital is liable for damages on the ground that the patient's liability is presumed to be negligent in the process of prescription, such as cardiopulmonary resuscitation, and the delay in emergency treatment such as cardiopulmonary resuscitation is acknowledged in the process of prescription

[2] In a case where a simple plant victim claims a lump-sum payment with compensation for damages, whether the court may order payment by mixing a lump-sum payment with a regular payment (affirmative)

[1] In a case where a patient who was hospitalized in a hospital due to a traffic accident and received treatment from a patient who was hospitalized in a hospital and received treatment, was in the rotin, and then became a plant due to low-carbon brain damage, the case holding that the hospital's liability for damages is recognized on the ground that the negligence of the method and capacity is presumed in the prescription process of the roin and the delay in emergency treatment, such as cardiopulmonary resuscitation, is presumed, and the delay in emergency treatment, such as cardiopulmonary resuscitation, is acknowledged (only limited to 40%)

[2] In the case of damages for lost income, the court is not able to order the compensation for losses without complying with the claim for lump-sum payment. However, in the case of a patient in an ordinary plant condition, it is difficult to determine the degree of remaining life saving remaining life saving because of the degree of development of modern medical science, his own health condition, medical personnel and the degree of support for his family members, etc., and it is difficult to determine the degree of remaining life saving. In light of the fact that the damages by the method of lump-sum payment may bring about significant unreasonable consequences in light of social justice and the principle of equity, even if the victim claimed the lump-sum payment as compensation for damages, the court may order the payment of lump-sum payment for damages for a period deemed to be in existence of the victim in calculating lost income and future medical expenses, etc., and the subsequent period may order the payment of lump-sum payment on the condition of the victim’s survival.

[1] Articles 393, 750, and 763 of the Civil Act / [2] Articles 393 and 763 of the Civil Act

[2] Supreme Court Decision 67Da2199 decided Nov. 21, 1967 (No. 15-3, 316), Supreme Court Decision 2000Da11317 decided Jul. 28, 200 (Gong2000Ha, 1937), Supreme Court Decision 2001Da72678 decided Nov. 26, 2002 (Gong2003Sang, 196)

Plaintiff 1 and three others (Attorney Cho Yong-han, Counsel for the plaintiff-appellant)

Defendant 1 and one other (Law Firm Sejong, Attorneys Lee Dong-dong, Counsel for the defendant-appellant)

September 22, 2009

1. The Defendants shall be jointly and severally liable:

A. 158,564,901 won and 21,569,304 won and 3,000 won and 5% per annum from November 18, 2006 to October 27, 2009 and 20% per annum from the next day to the day of full payment, respectively, shall be paid to Plaintiffs 1 and 21,569,304 won, respectively.

B. With respect to Plaintiff 1’s survival from November 23, 2021 to November 23, 2021, 46,557 won on September 23, 2024, 408,000 won on September 23, 2024 to September 23, 2024, 160,000 won on September 23, 2023 to September 23, 202, and 288,000 won on September 23, 202 to September 23, 202, and 810,567 won on September 17, 201, and each of the above payment dates from September 23, 202 to September 23, 202 to September 17, 2021 to 5% on a yearly basis.

2. The plaintiffs' remaining claims against the defendants are all dismissed.

3. One-half of the costs of lawsuit are assessed against the Plaintiffs, and the remainder is assessed against the Defendants.

4. Paragraph 1 can be provisionally executed.

The Defendants jointly and severally pay 603,367,715 won to Plaintiff 1, and 38,923,260 won to Plaintiff 3, and 4 respectively, and 5,00,000 won to Plaintiff 4, respectively, and 5% interest per annum from November 18, 2006 to the date of the pronouncement of the instant judgment, and 20% interest per annum from the next day to the date of full payment.

1. Basic facts

A. Status of the parties

Plaintiff 1’s husband, Plaintiff 3, and Plaintiff 4 were the children of Plaintiff 1, Plaintiff 1’s husband, Plaintiff 3, and Plaintiff 4, who were receiving medical treatment from Defendant 2 (hereinafter “Defendant hospital”) due to traffic accident, was administered with rotin, and became a plant due to low oxygen brain injury.

B. The first internal source of the Defendant Hospital of Plaintiff 1

(1) On October 17, 2006, Plaintiff 1 applied to the emergency room of the Defendant Hospital with a chest pain, cryp, and upper clothes due to traffic accident. At the time, the bruc active fitness was 36.5°5's body temperature, blood pressure from 59/38's Hg, 80/50's Hg, 85's 85's/ minutes of beer, 19's/minutes of beer, and 19'sss/minutes of beer, and the heart was a regular brupt, and the heart was hump in the lung.

(2) The medical personnel of the Defendant Hospital conducted brain CT, chest CT, dub-pel team CT, and vice-dong CT shooting on the same day. As a result, the said Plaintiff was diagnosed as being diagnosed in the liver, extract damage, pellet-up, 1cm in the inside, with 1cm in the heat, with the inside, and with the multiple strings.

C. Progress of treatment against Plaintiff 1

(1) 원고 1은 2006. 11. 13. 생체활력징후가 안정적이었고, 혈액검사결과 헤모글로빈 수치가 12.5g/㎗(여성의 정상 수치는 12 ~ 16g/㎗)였으며, 같은 달 14. 복부 통증 완화를 위해 진통제 누바인 1/2앰플을 수액에 혼합하여 투여받았고, 피고 병원 의료진이 퇴원을 권유하였으나, 위 원고는 통증이 심하다고 하면서 퇴원을 거부하였으며, 같은 달 15. 통증이 있었으나 누바인을 투여받고 통증이 완화되었다.

(2) On November 16, 2006, Nonparty 1: (a) on November 16, 2006, the nurse Nonparty 1: (b) informed the Plaintiff of the blood pressure 132/65mm; (c) at the time, the blood pressure 132/65mm; and (d) had 142/minutes; (b) around 4:19 of the same day, the Plaintiff was 130 minutes of the blood pressure 98/56mm; (c) around 5:02 of the same day, the blood pressure 102/40mm; (d) the beer was 125 minutes of the beer; and (e) the same day, the blood pressure 102/40mm; and (e) the beer was not administered.

위 원고는 같은 날 6:00경 혈압 127/69㎜Hg, 맥박수 133회/분이었고, 같은 날 7:07경 혈액검사결과 헤모글로빈 수치가 10.4g/㎗였으며, 같은 날 8:49경 혈압 107/63㎜Hg, 맥박수 120회/분이었다.

(3) At around 9:12 on November 16, 2006, Plaintiff 1 observed the blood level of 200cc, confirmed to be 110/80mm Hg and beer, and Nonparty 2 reported the result of these observations to Defendant 2. Nonparty 2 reported the above observation to Defendant 2. Nonparty 2, on the same day, on November 11:30 of the same day, was administered with 45 square meters in charge of the Plaintiff. At around 16:08 on the same day, the blood side was observed again, and the blood side was performed with the direction of the 45 square meters in the registry. Although it was confirmed that the blood was in existence, there was no activityal blood, it was no activityal blood, and the blood tank was performed with the blood tank on the following day.

(4) 피고 병원 의료진이 2006. 11. 16. 18:40경 실시한 혈액검사결과 헤모글로빈 수치가 9.1g/㎗로 저하되어 원고 1에게 적혈구 농축액 1파인트를 수혈하던 중, 같은 날 20:35경 실시한 혈액검사결과 헤모글로빈 수치가 8.6g/㎗로 저하되자 피고 2는 2006. 11. 17. 00:30경 지혈제 피토(phyto) 1앰플, 보트로파제(botro) 1앰플, 로티닌(rotinin) 1앰플을 각 정맥 주사한 후, 로티닌 4앰플을 5% 포도당에 희석하여 6시간 동안 점적 주사할 것을 처방하였다.

(5) On November 17, 2006, at around 00:55, Nonparty 3 reported this fact to Defendant 2, and Defendant 2 reported it to Nonparty 4, the above nurse Nonparty 3 reported it to Nonparty 4 as an emergency situation, such as where the blood pressure of the above Plaintiff was not confirmed, on the following grounds: (a) 1/amper 1/amper 1/amper 1/amper 1/amper 1/amper 500,000,000, in accordance with the above prescription.

(6) At around 1:00 on Nov. 17, 2006, Plaintiff 1: (a) had been fluenced at the entrance; (b) had difficulty in repulmonation; (c) had been exposed to Nonparty 3, the nurse Nonparty 3, who entered the hospital, was in an emergency, and Defendant 2 performed cardiopulmonary resuscitation such as an engine insertion, heart organs, and amper, and ample-out (ambu) artificial smoking; and (d) had been 1 ample-ample-amp (epine) in the heart system, and 1 ample-amp (ampine) in each of the above Plaintiff. After being 3 minutes, Defendant 2 was able to amp up a total of 3 ample-ample-amped 1 ample-ampine in an Azine and 2 ampine in an Azine, and maintained a large number of 3 ample-ample-amped ample-amped 4 ample-ampine.

(7) 피고 병원 의료진은 2006. 11. 17. 1:01경부터 3:34경까지 원고 1에 대해 총 4회의 혈액검사를 실시하였는데, 헤모글로빈 수치가 순차로 11.3g/㎗, 9.3g/㎗, 10.7g/㎗, 11.7g/㎗로 확인되었다.

(8) On November 17, 2006, at around 1:30 on the same day, Plaintiff 1 was in charge of blood pressure of 150/80mm, beer and beer, 150mm, beer and beer. At around 1:50 on the same day, Plaintiff 1 was transferred to an external patient room. At that time, the above Plaintiff was in a semi-congested state, and was in a state of body temperature of 35.8C, blood pressure of 126/96mm, beer and 141 times of beer, and only blood urgs and dubs were observed.

Around 2:00 on the same day, the Plaintiff connected an artificial smoking machine. At around 5:00 on the same day, there was no reaction or sound with the pain, such as intending to dye, when dye, when she inhales the engine at around 5:00 on the same day, and the connection continued. A large quantity of food around 6:40 on the same day was observed by blood (the body temperature 39.2C) and the strength was not observed by blood (the body temperature 39.2C). At least 170mm, he was confirmed by blood pressure pressure at least 175mm, and the medical professionals at the Defendant hospital in mixing with 1/2000 mye and 200cc of biochemical infection.

(9) At around 8:10 on November 17, 2006, Plaintiff 1 was observed by the abnormal body part and the inner part, and was administered with 1/2 ample ample ample ample ample at around 8:45 on the same day, and continued to maintain the artificial absorption devices at around 8:45 on the same day, Plaintiff 1 was in the luminous co-ordin, and the blood pressure of the dinant was 110-130mm, and the outbreak occurred.

위 원고는 같은 날 16:15경 체온 38.5℃, 수축기 혈압 140~150㎜Hg, 맥박수 130~135회/분이었고, 복부 팽만이 관찰되었으며, 복부천자를 통해 응고혈액 형태로 소량 배액되었고, 같은 날 18:15경 혈액검사결과 헤모글로빈 수치가 8.5g/㎗로 확인되어 피고 병원 의료진은 적혈구 농축액 3파인트를 수혈하였으며, 같은 날 23:15경 체온이 점점 내려가고, 수축기 혈압 130~140㎜Hg, 맥박수 100~110회/분이었으며, 혈액검사결과 헤모글로빈 수치가 9.9g/㎗로 확인되어 피고 병원 의료진은 적혈구 농축액 2파인트를 수혈하였고, 여전히 통증에는 반응하나 소리에는 반응이 없었다.

D. Current state of Plaintiff 1’s current status

(1) 원고 1은 2006. 11. 18. 6:25경 혈압 160/91㎜Hg, 맥박수 92회/분이었고, 혈변 340g이 관찰되었으며, 같은 날 9:50경 피부간경유 담낭배액관과 복부천자를 통해 응고혈액 형태로 배액되었고, 피고 병원 의료진은 지혈제 우리스틴(Ulist), 보트로파제(Botro), 트란스아민(Transamin), 비타민 K를 주사하였으며, 같은 날 11:00경 의식은 혼수 상태였고, 체온 38℃, 혈압 150/70㎜Hg, 맥박수 100회/분이었으며, 혈액검사결과 헤모글로빈 수치가 11.2g/㎗였다.

원고 1은 같은 날 16:10경 수축기 혈압 130~140㎜Hg, 맥박수 90회/분이었고, 혈압강하제 페르디핀(Perdip)을 투여받았으며, 혈액검사결과 헤모글로빈 수치가 11.4g/㎗였고, 피부간경유 담낭배액관과 복부천자를 통해 응고혈액 형태로 배액되었으며, 피고 병원 의료진은 우리스틴 등 지혈제를 주사하였다. 원고 1은 여전히 의식이 없었고, 인공호흡기를 유지하였다.

(2) 원고 1은 2006. 11. 19. 인공호흡기를 계속 유지하였고, 의식이 없는 상태였으며, 피고 병원 의료진은 위 원고에게 우리스틴, 보트로파제, 트란스아민, 비타민 K를 주사하였고, 각종 배액관을 통해 출혈 유무를 관찰하였으며, 혈액검사결과 헤모글로빈 수치가 12.8g/㎗였다.

(3) 피고 병원 의료진이 2006. 11. 21. 실시한 뇌파 검사 결과, 원고 1은 대사성 뇌병증, 중독성 퇴행성 뇌병증, 저산소성 뇌병증으로 진단되었다. 그 후 위 원고는 같은 달 24. 0:35경 체온 35℃, 혈압 60/40㎜Hg, 맥박수 150회/분이었고, 약 300cc의 신선한 혈액색의 혈변이 관찰되었으며, 혈액검사결과 헤모글로빈 수치가 9.5g/㎗로 확인되어, 응급으로 혈관촬영한 결과 위십이지장 동맥류가 발견되었고, 같은 날 3:00경 동맥류 수술을 받았다.

(4) At present, Plaintiff 1 completely cured the long-term damage of the parts of the clothes due to traffic accidents and the connection of the head of the king. However, Plaintiff 1 is in a continuous plant state where it is impossible to independently walk and independent daily life due to the disorder of recognition function due to low oxygen brain damage and the symptoms of the spathy.

(e) Relevant medical knowledge;

(1) Injury to low carbon brain;

The low-carbon brain damage is a brain-related pulmonary pulmonary brain damage caused by low blood pressure or respiratory part, and is caused by cardiopulmonary pulmonary marosis, heart stop, shock and circulor, etc. for specific reasons.

A minor low-carbon symptoms may cause disorder of attention, judgment disorder, physical disorder, etc., but the symptoms are not long, while, in the case of severe low-carbon symptoms deemed in the heart suspension, food loss can be raised within the water range, but if the heart function is restored within 3 to 5 minutes, food loss can be completely recovered. If low-carbon symptoms exceed the above time, fatal and permanent brain damage will occur, and the whole brain low-carbon symptoms in a extreme or continuous manner will lead to brain death.

The treatment of low-carbon brain damage is to prevent an urgent low carbon damage. The treatment of low-carbon brain damage shall be prepared to secure the ability of the instrument, to implement artificial resistant, plesy, and heart heart mathy, heart heartor, heart heart stop, and plesying, so that it may be used immediately.

(2) Continuous plant condition (Persist Vget State, PVS)

식물상태란 각성은 가능하나 인식불가인 상태를 말하는데, 스스로 호흡할 수 있고, 소화, 배뇨, 배변이 가능하며, 스스로 눈을 떴다 감았다 하며 소리를 낼 수도 있으나, 스스로 이동할 수 없고, 식이섭취가 불가능하며, 어떠한 방법으로도 의사소통이 불가능한 상태가 1개월 이상 지속될 경우 인식능력을 다시 찾는 일이 거의 없기 때문에 이를 지속적 식물상태라고 한다.

[Ground of recognition] The absence of dispute, Gap evidence 1-6, Gap evidence 9, and the result of the court's request for the examination of medical records to the roadside hospital of the roadside medical foundation by the medical corporation; the result of the court's request for the examination of the records of medical records; the result of the court's request for the examination of each physical request to the head of the Gyeyang University and the Mayor of the Daegu Incheon University Hospital

2. Occurrence of liability for damages;

(a) Whether they are negligent in the directions and capacity of the other ero-dives of the ero-dives;

The Plaintiffs asserted that Defendant 2 did not prescribe that he did not do so with the Plaintiff 1, and that Nonparty 3 of the nurse did not cause a shock, such as respiratory difficulty, immediately after he injected the heroin as prescribed by Defendant 2, to the said Plaintiff.

살피건대, 갑 1호증의 2, 4, 6, 갑 8호증의 각 기재와 이 법원의 의료법인 길의료재단 길병원장에 대한 진료기록감정촉탁결과에 변론 전체의 취지를 종합하면, 로티닌 투여로 인한 쇼크를 예방하기 위해 로티닌을 생리식염주사액 등으로 희석하여 점적 주사하는 것이 바람직하고, 정맥 주사할 필요가 있는 경우에는 10만IU/분의 속도를 초과하지 않도록 가능한 한 천천히 주사해야 하는 사실, 원고 1은 2006. 11. 13. 생체활력징후가 안정적이었고, 헤모글로빈 수치가 12.5g/㎗였으며, 같은 달 14.부터 교통사고로 인한 장기 손상으로 복부 통증을 호소하여 진통제 누바인을 투여받았고, 같은 달 16. 9:12경 혈변이 관찰된 이외에 호흡 곤란, 동공 고정 및 팽창 등의 쇼크 증상을 나타낸 적이 없는 사실, 혈액검사결과 헤모글로빈 수치가 8.6g/㎗로 저하되자, 피고 2가 2006. 11. 17. 0:30경 원고 1에게 일단 로티닌 50만IU 1앰플을 정맥 주사한 후, 로티닌 4앰플을 5% 포도당에 희석하여 6시간 동안 점적 주사할 것을 처방한 사실, 위 처방에 따라 간호사 소외 3이 같은 날 00:55경 원고 1에게 우선 로티닌 50만IU 1앰플을 정맥 주사하였고, 그 직후 위 원고는 갑자기 입에서 약냄새가 나고 숨이 답답하다고 하면서 안구가 편위되는 증상을 보였고, 혈압이 확인되지 않은 사실, 위 원고는 같은 날 1:00경 입에 거품이 있고, 호흡 곤란, 동공 고정 및 팽창 등의 증상까지 나타난 사실, 피고 병원 의료진은 이후 위 원고에 대한 치료과정에서 다른 지혈제 우리스틴, 보트로파제, 트란스아민, 비타민 K는 투여하였으나 로티닌은 더 이상 투여하지 않은 사실을 인정할 수 있는데, 이러한 사실관계에 비추어 보면, 원고 1의 구내 이상감(약냄새), 호흡 곤란, 동공 고정 및 팽창 등의 쇼크 증상이 피고 2의 과실이 아닌 전혀 다른 원인에 의하여 발생할 수 있음을 피고들이 입증하지 못하는 한, 피고 2가 로티닌을 처방함에 있어 생리식염주사액 등으로 희석하여 점적 주사하는 것이 바람직하고, 정맥 주사할 경우에는 10만IU/분의 속도로 가능한 한 천천히 정맥 주사해야 함에도, 위 원고에게 로티닌 50만IU 1앰플을 생리식염주사액 등으로 희석하거나 적어도 5분 이상 천천히 정맥 주사하지 않고 한번에 정맥 주사하도록 처방한 잘못으로 인해 위 원고에게 구내 이상감(약냄새), 호흡 곤란, 동공 고정 및 팽창 등의 쇼크를 초래한 과실이 있다고 추정할 수밖에 없다.

As to this, the Defendants asserted that the medical personnel of the Defendant Hospital was administered in accordance with the directions that are not general royalties, since they first use the roat, and that the medical personnel of the Defendant Hospital were well aware of such directions. However, there is no evidence to acknowledge this, the Defendants’ assertion is without merit.

또한, 피고들은 로티닌 부작용으로 쇼크 상태에 빠지는 경우는 매우 드문 반면, 로티닌 투여 전부터 원고 1은 혈변이 관찰되었고, 헤모글로빈 수치가 계속 감소되었으며, 혈압 저하, 빈맥 등이 나타났음에 비추어 볼 때 위 원고의 증상은 출혈에 의한 저혈량성 쇼크라고 주장하므로 살피건대, 위 원고는 2006. 11. 16.경 200cc 정도의 혈변이 관찰되었고, 헤모글로빈 수치가 9.1g/㎗에서 8.6g/㎗로 감소된 사실, 위 원고가 같은 날 3:28경 혈압 132/65㎜Hg, 맥박수 142회/분이었고, 같은 날 4:19경 혈압 98/56㎜Hg, 맥박수 130회/분이었으며, 같은 날 5:02경 혈압 102/40㎜Hg, 맥박수 분당 125회/분이었던 사실은 앞서 본 바와 같으나, 한편 피고 병원 의료진이 2006. 11. 16. 실시한 대장 내시경과 위십이지장 내시경의 결과 원고 1에게 활동성 출혈 소견이 없었고, 위 원고의 헤모글로빈 수치가 2006. 11. 17. 1:01경부터 3:34경까지 순차로 11.3g/㎗, 9.3g/㎗, 10.7g/㎗, 11.7g/㎗로 확인된 사실은 앞서 본 바와 같고, 이 법원의 의료법인 길의료재단 길병원장에 대한 진료기록감정결과에 의하면, 위 원고에게 호흡 곤란 등의 쇼크가 발생할 당시 위 원고는 수혈을 받고 있었고, 헤모글로빈 수치의 저하가 심하지 않았으므로 저혈량성 쇼크라고 볼 수 없는 사실을 인정할 수 있는바, 이에 비추어 보면 로티닌 투여 전부터 원고 1은 혈변이 관찰되었고, 헤모글로빈 수치가 감소되었으며, 혈압 저하, 빈맥 등이 나타났다는 점만으로는 위 원고의 증상이 출혈에 의한 저혈량성 쇼크라는 사실을 인정하기에 부족하고 달리 이를 인정할 만한 증거가 없으므로, 피고들의 위 주장은 이유 없다.

(b) Whether to delay emergency treatment, such as cardiopulmonary resuscitation;

The Plaintiffs asserted that Defendant 2 did not immediately visit the said Plaintiff to take emergency treatment, such as cardiopulmonary resuscitation, even though he was found to have shown that he had a shock symptoms, such as respiratory difficulty, etc., immediately after being exposed to the Plaintiff, and that Defendant 2 did not immediately visit the said Plaintiff to take emergency treatment, thereby causing damage to antipulmonary brain and resulting in the continued plant condition.

In light of the above facts, Gap 1-2, Gap 2, and 8's identification of the above 0th 1st 5th ambath ambath ambath ambath 7th ambath ambath ambath ambath ambath ambath 4th ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath ambath am.

As to this, from November 16, 2006, the Defendants continued to observe Plaintiff 1’s biological vitality and change of conditions, and were accompanied by all tests. At around 00:30 on November 17, 2006, the Defendants did not directly confirm the status of the above Plaintiff and issued necessary prescriptions, but did not leave the office, and instructed Nonparty 4, a doctor on duty, to report the above Plaintiff to himself on the condition that he did not leave the office. At around 00:55 on the same day, the Defendants instructed Nonparty 1, a doctor on duty, to look at the patient and to look at the doctor on duty, and then received an emergency call while the above Plaintiff was under way, such as cardiopulmonary resuscitation. However, there is no evidence to support this, the Defendants’ assertion is without merit.

In addition, the defendants asserted that the plaintiff 1 was hospitalized for a long time due to traffic accident, and that the state of blood transfusion, etc. caused by long-term damage was not good, and thus, despite the defendant 2's cardiopulmonary resuscitation, the above plaintiff 2's pulmonary resuscitation was brought about a continuous plant condition. Thus, there is no evidence to acknowledge it, and rather, in full view of the overall purport of the statements and arguments in Gap evidence 1-4 and Gap evidence 10, the medical professionals at the defendant hospital around November 14, 2007, the plaintiff 1 improved the conditions to the extent that the medical professionals of the defendant hospital would encourage the discharge, and the low oxygen brain damage was caused by the failure to perform cardiopulmonary resuscitation and institutional insertion regardless of physical strength or blood transfusion, and thus, the above defendants' assertion is without merit.

C. Limitation on liability

Therefore, the defendant hospital, the employer of the defendant 2, and the defendant 2 are jointly and severally liable for the damages suffered by the plaintiffs due to the above medical negligence of the defendant 2.

However, in light of the following: (a) Plaintiff 1 was observed by the blood side and the hemologic value decreased even during the blood transfusion, and thus, it was necessary to use the hemologic body; (b) the hemologic body was ordinarily used in an operation room, a middle patient room, and a general hospital for the purpose of blood transfusion; and (c) Plaintiff 1’s injury to the part of the body due to a traffic accident was completely cured at the Defendant hospital; and (d) the Defendant hospital continued to have the Plaintiff 1 suffer from the symptoms of low oxygen cerebral brain damage and continues to have the artificial smoking engine and to observe whether there is any other blood transfusion; and (e) taking appropriate measures, it is contrary to the good faith principle or the principle of equity to compensate the Defendants for all damages caused by the medical malpractice of this case. Therefore, taking this into account such circumstances, the Defendants’ liability is limited to 40%.

3. Scope of damages.

(a) Mixed payment with a lump-sum payment;

In the case of compensation for lost income, the court may not order the compensation for losses without complying with the request for a lump-sum payment (Supreme Court Decision 67Da2199 Decided November 21, 1967). However, in the case of a patient who is an plant such as Plaintiff 1, it is difficult to determine the remaining life expectancy reduced due to the degree of development of modern medical science, his own health condition, medical personnel and the degree of assistance from his family members. In fact, the appraisal of the above Plaintiff’s life expectancy was reduced to 2.6 years and 31 years since the above Plaintiff’s life expectancy was reduced to 2.6 years from the accident of this case. On the other hand, the appraisal of the Daegu University Hospital was 15 years or longer under the condition of plant life, the court order the compensation for losses and the amount of the above Plaintiff’s compensation for losses can only be calculated for the period of 2 years or more after the above determination that there was no possibility that the Plaintiffs would suffer losses for a lump-sum payment and the amount of compensation for losses.

(b) Daily income;

The actual income equivalent to the monetary total assessment value of the lost capacity of Plaintiff 1 caused by the instant accident is KRW 128,709,988, as claimed by the Plaintiffs, based on the facts of recognition and assessment as follows: (a) based on the following facts and assessment, which deducts intermediate interest at the rate of 5/12 per month as follows: (b) the amount calculated at the present price at the time of the instant accident is KRW 138,526,152; and (c) the amount is KRW 128,709,988, as requested by the Plaintiffs.

(1) Facts of recognition and evaluation

(A) Gender, age;

Plaintiff 1 was a woman of November 7, 1956 who was born on November 7, 1956 and was 50 years old at the time of the instant accident.

(B) Name of the term of lease;

As the Plaintiff 1’s life expectancy was reduced from 3.87 years to 31 years due to the instant accident, and the Defendants asserted that the above Plaintiff’s life expectancy was reduced to 63.1 months, the average life expectancy between plant owners due to low-carbon brain damage, and thus, “A. E. E. E. Walker’s Day” was merely considered as the result of physical appraisal of the Plaintiff’s life expectancy at the 1stm of the 2nd of the 6th of the 1st of the 1st of the 2nd of the 2nd of the 1st of the 2nd of the 1st of the 1st of the 2nd of the 1st of the 2nd of the 1st of the 2nd of the 1st of the 1st of the 2nd of the 2nd of the 1st of the 2nd of the 1st of the 2nd of the 1st of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 2nd of the 3th of the 2nd of the 3th of the 2nd of the 3th of the 2nd of the 3rd of the ve.

(C) Occupation and experience;

At the time of the instant accident, Plaintiff 1 had resided in Daegu Suwon-gu (hereinafter omitted) which is an urban area and engaged in urban daily work at any time, and may obtain income equivalent to the relevant wages.

(D) Maximum working age and number of days

An urban daily worker may operate by the 22th day of each month until the date on which he/she reaches the age of 60.

(e)Ethic disability and labour capacity loss rate;

Plaintiff 1 has continued vegetable disability, and the disability grade under the Mabloder’s assessment table is two parts, brain, and kives - Class IX. The climatic disease in the mid-tour boundary - the obvious decrease of the ability to adapt to the social or professional environment - 4. extreme loss, sense, or mental disorder, and thus, the labor disability loss rate is 100%.

[Reasons for Recognition] Unsatisfy, Gap 6, 11, and 12; the result of this Court’s physical appraisal commission to the director of the Daegu University Hospital; the purport of the entire pleadings; and the rule of experience

(2) Calculation: The term “actual income” in the attached table of damages calculation shall be as follows (less than the last month for the convenience of calculation shall be discarded, and less than the middle month shall be included in the side in which the daily income is less than the middle month, and less than the won shall be discarded).

(c) Expenses for medical treatment;

Plaintiff 2 paid KRW 28,923,260 as the treatment cost of Plaintiff 1.

[Reasons for Recognition] Unsatisfy, Gap evidence 7-1 to 61

(d) Expenses for future treatment;

(a)the necessary treatment details and the cost required

(A) Rehabilitation treatment for the development of the new boundaries: 47,623 won per month (=10,990 won per week x 52 weeks/12 months)

(B) Special work treatment: 30,030 won per month (=6,930 won per week x 52 weeks / 12 months)

(C) Functional stimulation treatment: 38,740 won per week (=1 week 8,940 won x 52 weeks / 12 months)

(d) Total amount: 116,393 won per month;

[Reasons for Recognition] Unsatisfy, the result of the physical appraisal of the president of the Korea-U.S. Human Estate Hospital in this Court, the purport of the whole

(2) Calculation

(A) Part of the lump sum payment

Since the accident of this case, there is no evidence that the above treatment was received from May 20, 2008, which was the physical appraisal date of the examination of the evidence in the examination of the movable property hospital for the plaintiffs, from May 20, 208 to the date of the closing of argument in this case, it shall be deemed that the first treatment was received on September 23, 2009, which is the day following the date of the closing of argument in this case, for the convenience of calculation, and if the intermediate interest is deducted by the rate of 5/12 per month from the deduction of the intermediate interest pursuant to the rate of 5/12 per month, it shall be deemed that the monthly interest was paid on November 16, 2021.

(B) Part of the periodical fund

From November 23, 2021 (the date on which the above future treatment costs are first paid after November 16, 2021), 116,393 won shall be paid on November 23, 202 under the condition that Plaintiff 1’s survival.

(e) Costs of purchasing assistive equipment;

(1) Necessary auxiliary equipment, names and costs;

(a) Delegate vehicle: One motor vehicle for five years, seven million won per 1, and seven hundred won;

(b) Bathrooms for the prevention of bathing: 400,000 won per two years; and

(c) Tit lease for the prevention of bathing: 230,000 won per five years; and

(d) Deceased person: 90,000 won per one, five years;

(E) Diaper: 720,000 won per annum (=60,000 won per month x 12 months)

[Reasons for Recognition] Unsatisfy, the result of the physical appraisal of the president of the Korea-U.S. Human Estate Hospital in this Court, the purport of the whole

(2) Calculation

(A) Part of the lump sum payment

As seen earlier, the Plaintiffs claim the purchase cost of the base return from the date of the instant accident to the date of the closing of argument. Since there is no evidence that the Plaintiffs purchased the remainder other than the base return from May 20, 2008 to the date of the closing of argument in the instant accident, it shall be deemed that they first purchased the base return on September 23, 2009 for the convenience of calculation, and it shall be deemed that they first purchased the base return on September 23, 2009 for the convenience of calculation, and the Plaintiff 1’s fixed survival period until November 16, 2021, every five years, and the base return shall be deemed to be purchased every two years, and the base return shall be deemed to be purchased every one year, and if the intermediate interest is deducted at the rate of 5/12 per month, the calculation shall be deemed to be less than KRW 10,833,034 in the attached table and other losses shall be deemed to be less than KRW 10,834 in the attached table.

(B) Part of the periodical fund

Subject to Plaintiff 1’s survival, five years and nine years from September 23, 2024 (from September 23, 2019, the date five years have elapsed since the date of the last purchase of the dynasium), which was September 23, 2024 (from September 23, 2019, the date of the last purchase of the dynasium), the sum of KRW 1,020,000, and the purchase cost of the dynasium from September 23, 2023 (from September 23, 2021, the date two years have elapsed since September 23, 2021, the date of the last purchase of the dynasium for the prevention of bathing), shall be paid KRW 400,00,00, and the purchase cost of the dynasium each year from September 23, 202, the date of the last purchase of the dynasium.

(f) Nursing expenses;

(1) the number of visitors and the cost of nursing;

(A) The plaintiff 1 needs one opening of an urban ordinary person per day in order to carry out daily activities of daily life, such as eating, head broom, broom, broom, clothes and stokes, and stokes, and to carry out his own initiative in indoor or outside move, due to the instant accident.

(B) It is reasonable to deem that the opening cost was paid in KRW 6,622, which is an amount equivalent to the urban daily wage, around May 20, 2008 by the Plaintiffs, around May 20, 2008. Thus, the opening cost is KRW 2,026,419 (=6,622 won x 365 days/ 12 months).

As to this, the Defendants asserted that the daily opening cost is less than 40,000 won, but it is not sufficient to recognize it solely based on the result of the request for physical examination of the head of the Gyeyang University's movable property hospital in this court, and there is no other evidence to acknowledge it. Thus, the Defendants' above assertion is without merit.

[Reasons for Recognition] The absence of a dispute, the result of the physical appraisal by the Director of the High Military University, the significant facts in this court, the purport of the entire pleadings

(2) Calculation

(A) Part of the lump sum payment

Since the accident date of this case, there is no evidence that the plaintiffs paid nursing expenses from May 20, 2008 to the date of the closing of the argument of this case. Thus, from September 23, 2009 to November 16, 2021, which is the day following the date of the closing of argument of this case, the intermediate interest is KRW 207,420,803 when deducting the intermediate interest at the rate of 5/12% per month from the date of the accident of this case (the calculation is the same as the statement in the "damage of the nursing expense" in the attached Table of other loss calculation statement, and the amount below the Won shall be discarded).

(B) Part of the periodical fund

Subject to the survival of Plaintiff 1, the amount of KRW 2,026,419 shall be paid from November 17, 2021 to November 17, 2021, which is the day following the fixed survival period of Plaintiff 1.

G. Limitation on liability

(1) The scope of the Defendants’ liability: 40%

(2) Part of the lump sum payment

155,134,205 won = (128,709,98 won for lost daily income + KRW 28,923,260 + Costs for future treatment + KRW 11,948,429 + Costs for purchase of assistive equipment + 10,83,034 + Costs for nursing 207,420,803 won) x 40%)

(3) Part of the periodical fund

(A) 46,57 won per month for future treatment costs (=16,393 won x 40%) shall be paid.

(B) Of the purchase cost of the auxiliary equipment, 408,000 won for each five-year unit for the purchase cost of the chair, for the prevention of bathing, for the purchase cost of the variable (i.e., 1,020,000 won x 40%) 160,000 won for each two-year unit for the purchase cost of the embankment for the prevention of bathing, (i.e., 40,000 won x 40%) 28,000 won for each two-year unit for the purchase cost of the chair (i.e., 720,000 won x 40%) x 40% for each year.

(C) 810,567 won per month at the opening expense (=2,026,419 won x 40%) shall be paid.

(h) Consolation money;

(1) Reasons for taking into account: the age, family relationship, the process and result of the treatment of Plaintiff 1 with respect to Plaintiff 1, the degree of negligence, and other various circumstances shown in the argument of this case.

(2) Amount determined: Plaintiff 15,000,000

Plaintiff 2 10,000,000

Plaintiff 3 and Plaintiff 4 3,000,000

4. Conclusion

Then, the defendants shall jointly and severally pay 158,564,901 won [128,709,98 won per day + KRW 11,948,429 + purchase cost of assistance equipment + 10,83,034 + 40% of consolation money + 15,000,000 won per annum 21,569,304 won per annum for 20.30% per annum from the above 20.3 billion won per annum for 20.3 billion won per annum for 20.3 billion won per annum for 20.4 billion won per annum from the above 20.3 billion won per annum for 20.3 billion won per annum for 20.3 billion won per annum for 20.4 billion won per annum for 20.4 billion won per annum for 20.

[Attachment] Calculation Table of Damages, Other Damage Calculation Table: Omitted

Judges Park Jae-sik (Presiding Judge)