(영문) 부산지방법원 2008.10.29.선고 2006가합19057 판결

1. The defendant shall pay to the plaintiffs 29,321,938 won with 5% interest per annum from February 16, 2006 to October 29, 2008, and 20% interest per annum from the next day to the day of full payment.

2. Each of the plaintiffs' remaining claims is dismissed.

3. The costs of lawsuit are four-minutes, and the defendant bears the remainder, respectively, by the plaintiffs.

4. Paragraph 1 can be provisionally executed.

Purport of claim

The defendant shall pay to the plaintiffs 263,219,389 won with 5% per annum from February 16, 2006 to the pronouncement date of this case, and 20% per annum from the next day to the full payment date.

Reasons

1. Facts of recognition;

A. The relationship between the parties

The non-party A (hereinafter referred to as the "the deceased") was treated by the O Hospital operated by the defendant (hereinafter referred to as the "Defendant Hospital") from April 14, 2003 to August 8, 200 of the same year by being treated by the infection, and discharged from the hospital after being treated as a salphe sphe sphe sphe sphe sphe sphe sphe sphe sphe sphe sphe sphe sphe sphe sphe sphe sphe sphe sp

(b) Progress of treatment;

(1) The treatment process at the Defendant Hospital and the Deceased’s deceased were not cured of their saws that occurred after the reduction of their saws around October 2002, and the pains and their saws were repeated. On April 14, 2003, the 5th left-hand infection, which led to the Defendant Hospital to repeat the treatment by having been hospitalized and discharged until August 8, 200 of the same year, including being hospitalized in the Defendant Hospital, and the treatment process is as follows.

From April 14, 2003 to April 16, 200: Hospitalization on the left-hand 5th infection - From April 22, 2003 to May 1, 200: Hospitalization due to a recurrence of salt;

- - on April 23, 2003: Performance of removal operations of dyptosium

- Hospitalizing on June 24, 2003 to July 3, 2003: The number of infections and chlorostosiss; and

- Hospitalization from July 24, 2003 to August 8, 2003: hospital treatment due to a recurrence of infection

- On July 25, 2003: Implementation on July 25, 2000 the 5th left-hand heat conditioning since salt is not improved (the diagnosis disease in the operation shall be chronic diveritis).

(2) The deceased and the medical treatment process at XX hospital and the deceased were re-exploited after the infection at the Defendant hospital, and were hospitalized at the XX hospital on July 30, 2004 and discharged on June 2, 2005, and the following results of the treatment are as follows.

- - on August 12, 2004: Performance of Moditation removal surgery and skin transplant surgery

- With respect to September 6, 2004: performance of typuls removal surgery and skin transplant surgery

- - On September 28, 2004: The left-hand salt certificates and pains

- On October 20, 2004: Conduct of cutting operations on the left-hand knee below knee;

- On November 21, 2004: Continuation of blood cirrology at the bottom of the operation

- On November 26, 2004: Finding the blood transfusions from the upper part of the cutting and the left-hand spons (generally, the contribution of the left-hand spons);

On December 2, 2004: Embryo-cell cancer is confirmed from the removal and cutting dypology dypology dypology dypology dypology dypology dypology dypology dypology dypology dyphere

- With respect to December 17, 2004: Commencement of radiation treatment for the left-hand half of the upper half and the second half of the beneficiary;

- On December 30, 2004: chest pleothy, the left-hand pelle and the left-hand pelle pelothy in condition - March 14, 2005 - The removal of the mothal organization shall be conducted, the left-hand lap cancer shall be confirmed from the left-hand pelothy organizational examination.

- Of April 20, 2005 to June 1, 2005: 3 Monopoly removal methods

- - On June 2, 2005: Discharge in a state of crypted cancer.

(3) Treatment progress in the Y Hospital and June 3, 2005: Hospitalization;

- - Confirmation on June 9, 2005 by the left-hand side cancer from not CT to the left-hand side.

- On June 20, 2005: Opening and removal operations on the left-hand side;

- On August 2, 2005: Implementation of a salutical operation on the left-hand alley and on the left-hand side of the salute.

August 22, 2005: Commencement of navigation cancer treatment

- On October 21, 2005: Discharge

(4) The deceased et al. and the diagnosis and treatment in the Z hospital were hospitalized on October 22, 2005 and died on February 16, 2006.

(1) The chronic alley infection is a disease which is extremely difficult to completely recover from a disease caused by dyposis, which is a dypoid system, caused by dyposising the alley and alley system, and forming a dypherosis. The sypitis formed by sporacing or continuous exhaust farming can be accompanied by spoke, and the chronic dypitis formed a chronic dypology. The chronic adypitis can be conducted by the patient’s disease history, symptoms, radiation, and dypology or MRI, rather than by the general radioactive adypology test. In the case of a radioactive a dypoid examination, a chronic dypitis examination can be conducted with the dyposis examination if it is found that the dypoid examination is continuously conducted with a chronic dyposis examination. Where a diagnosis is conducted with a doubt that it is conducted with a chronic dyposis examination, it is not conducted with the chronic dyposis examination.

(2) Mapary cell cancer is likely to be generated in any place where a flat cell is located. Among them, Mapary cancer occurs in two parts, inner part, gal part, light, sal part, sal part, sal part, sal part, and sal part. The causes of Mapary cancer occur in two parts, al part, sal part, sal part, sal part, sal part, sal part, and sal part (patients). The main part of Mapary cancer is the radiation skin, image, chronic al part, and specific parts. Hpary part cancer accounts for approximately 80% of the skin cancer, and is primarily connected with radioactive chemical substance, sal partic partic partic partic partic partic partic partic partic partic partic. The Mapary partic partic partic partic partic partic partic to a large and al partic partic partic partic.

The increase in length shows a rapid dynamic, increase in exhaust and farming, change in exhaust and farming, malodor, singinging, rapidly increasing strings, and structural destruction and military register of X-ray testing, and X-ray inspection. In this case, X-ray opinions do not seem to be large strings, but show a wide range of destruction and chronic alleys, rather than the structural destruction due to infections.

The most appropriate treatment method is to prevent the transition by completely removing the flachio surgery because the flachio cancer usually appears in an original form, is well known, and becomes an internal organ transfer. The flachio cancer can be confirmed by the organizational inspection of the flachio disease, and if the flachio cancer is carried out by the diagnosis of the flachio cancer, it is confirmed that the flachio cells was invaded by the flachio on the part of the cut body.

(3) chronic dypitis and chronic dypitis are symptoms mainly of the bones, and, if there is a frycule, it may be formed by a frycule, and may be formed by a frycule.

Epopary cell cancer can be transferred to a scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic sp.

Unlike the general water leakage or reflect pattern when a flat cell cancer occurs in a chronic dyeitis, it is characterized by a dye that there is no pain. At the early stage of the fye cell cancer, it may not be well distinguished from the water leakage due to chronic dyeitis, and it may not be well distinguished from the syemic syeculosis of chronic dyeitis, but it is not easy to distinguish from the syeuk dyeuk dyeuk dyeuk dyeuk dyeuk dye (it is difficult to sye the formation of childcare organization due to crye infection and the comparison of fye dye dye dye dye dye cells).

[Grounds for Recognition: omitted]

2. Occurrence of liability for damages;

A. The parties' assertion

(1) The plaintiffs

The medical team of the Defendant Hospital was caused by negligence on the part of the deceased who was treated as the 5th left sulphal sulpha, which caused repeated sulpha, and ultimately did not detect the occurrence of sulphical cell cancer by negligence of failing to conduct an organizational inspection on the sulphal sulpha even after the sulphal sulpha was performed, and eventually caused the death of the deceased at the time of proper treatment. Therefore, the Defendant is liable for the damages suffered by the plaintiffs as the employer of the Defendant Hospital.

(2) Defendant

The medical personnel of the Defendant Hospital judged the deceased's symptoms as chronic alley infection and provided appropriate treatment accordingly, and does not conduct organization inspection in the case of chronic alley infection, so there is no negligence on the part of the medical personnel of the Defendant Hospital in the treatment process.

B. Determination

(1) As seen earlier, it is difficult to view that there was no significant change in symptoms that the Deceased’s chronic dypitis occurred in the chronic dypitis during the period of treatment conducted by the Defendant hospital via the Defendant hospital, and that there was no chronic dypitis in the chronic dypitis. In particular, when the chronic dypitis occurs in the chronic dypitis, it is extremely rare in the event that the chronic dypitis is important and the chronic dypitis occurs after the short dypitis. Even if the Deceased’s chronic dypitis occurred in the instant case, it is difficult to view that the period of recovery was merely 1-2 years, and it is difficult to view that it was caused by the chronic dyposis cells cells in light of the period of recovery. In light of the above, it is difficult to view that the Deceased’s chronic dypitis was conducted at the time of treatment conducted by the Defendant hospital at the time of the treatment.

(2) In addition, in the case of the Deceased, the infection and chlostosis were repeated, which could not be excluded from being caused by any other cause, not chronic thirrosis, and thus, there was no need for structural verification. Moreover, in the case of the Deceased, since the Deceased’s grhethrative surgery was implemented, the Defendant hospital’s medical personnel was at fault in failing to perform the organizational inspection of the parts of the cutting, etc. in accordance with the ordinary practices of conducting the organizational inspection in a case where the Defendant hospital performed grhrative surgery, but did not early detect cancer due to the negligence of the Defendant hospital’s medical personnel, and thus, there was a causal relationship between the above negligence and the Deceased’s death. Accordingly, the Defendant, the employer of the Defendant hospital, is liable for damages suffered by the Plaintiffs

C. Limitation on liability for damages

In general, it is common for the medical personnel at the Defendant hospital to diagnose the chronic alley infection using the radiation shield test in case of constant East condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition change condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition condition of the Defendant’s damage compensation liability rate loss rate rate loss rate rate loss rate rate loss rate rate rate loss loss rate rate loss rate rate rate rate.

3. Scope of liability for damages

(a) Actual income:

The damage equivalent to the lost income that the deceased suffered due to the negligence by the medical staff of the Defendant Hospital was based on the facts of recognition and the contents of evaluation as follows: (1) In accordance with the method that deducts intermediary interest at the rate of 5/12 per month as follows: (2) the current age of February 16, 2006, which is at the time of the death of the deceased due to the medical accident of this case (if the deceased was less than a month and less than KRW 1, hereinafter the same shall apply). (1) The facts of recognition and the contents of evaluation shall be as follows.

(a) Gender: Male;

(B) Date of birth: April 14, 1980

(d) Name of lease: 51.03

(e) Operating Period: Before fully turning 60 years of age (on April 13, 2040, 2040)

(f) Cost of living: 1/3 of the deceased’s income;

(g) Income;

The daily income shall be calculated based on the amount obtained by multiplying the unit price of the daily wage of an ordinary worker as stated in the "report on the actual status of construction business" issued by the average number of 22 days per month, but it shall be based on the monthly amount of KRW 1,215,544 from February 16, 2006 to April 13, 2040, which is the end of the operation period from February 16, 2006 to April 13, 2040.

(2) Calculation

from February 16, 2006 to April 13, 2040 to 409 won 1,215,544 won x 238.4357 x 2/3 = gold 193,219,389 won

[Grounds for Recognition: omitted]

(b) limitation of liability

(1) The defendant's liability ratio: 20%

(2) calculated 193,219,389 Won X 20% = 38,643,877

(1) Reasons for the medical accident of this case: The circumstances and results of the medical accident of this case, the defendant's grounds for limitation of liability, the deceased's gender and age, the relationship between the deceased and the plaintiffs, and all other circumstances shown in the argument of this case, etc.

Deceased: 10,000,000 won each for the plaintiffs: 5,000,000 won

(d) Inheritance;

(1) Amount subject to inheritance: 48,643,877 won in total (=38,643,877 won in total) + 10,000,000 won in consolation money of the deceased + 24,321,938 won in each of the Plaintiffs’ heir (=48,643,877 won in gold x 1/2)

Therefore, the defendant is obligated to pay damages for delay at each rate of KRW 29,321,938 for each of the plaintiffs' shares in inheritance + KRW 24,321,938 for each of the shares in inheritance + KRW 5,000 for each of the shares in inheritance + KRW 5,000 for each of the shares in inheritance) and 5% per annum under the Civil Act from February 16, 2006, which is the date of the accident in this case until October 29, 2008, which is the date of this decision, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

4. Conclusion

Therefore, the plaintiffs' claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

Judges

Judges of the presiding judge, Kim Dong-ho

Judge Choi Jong-in

Judges Nam Sung-woo

참조조문

-민법

-소송촉진 등에 관한 특례법

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