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(영문) 서울고등법원(춘천) 2017.12.20 2017나1061
손해배상(의)
Text

1. All appeals by the Defendants are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as stated in the part of the judgment of the court of first instance, except where the Defendants added or emphasized the judgment on the assertion that was added or emphasized by the court of first instance as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. The addition;

A. Determination 1 on the assertion by Defendant D and Defendant medical corporation F (hereinafter “Defendant medical corporation”) is not a subject subject to the boarding of emergency medical technicians, even if Defendant D and medical corporation asserted as to the assertion by Defendant D and medical corporation. Defendant D are the head of G hospital, and the subject to the provision of medical equipment and human resources necessary for the transfer of emergency patients.

B) Defendant D was promised at G Hospital that the emergency medical technician would escape from the N, a 10-minute distance, and there is little expectation that the accident of this case would have been predicted during that 10-minutes. C) The Deceased was a patient who suffered from high blood pressure since 1985 with the age of 67 years at the time when G Hospital was located in the G Hospital, and the patient was suffering from high blood pressure since 1985, was suspended for a long time, and high blood pressure was likely to cause both heart and misappropriation. As such, it is highly probable that the suspension of blood pressure medication by the Deceased led to acute suspension, and the deceased’s above tyrasium should be reflected in the calculation of the actual income of the deceased.

2) According to Article 11 of the Emergency Medical Service Act (hereinafter “Emergency Medical Service Act”) on the first argument, where a medical person deems that an emergency patient cannot be provided with appropriate emergency medical services due to the capacity of the relevant medical institution, he/she shall immediately transfer the patient to another medical institution capable of providing appropriate emergency medical services (Paragraph 1), and the head of the relevant medical institution shall provide medical appliances and human resources necessary for the safe transport of the emergency patient when transferring the patient pursuant to paragraph 1.

(2) Paragraph (2). According to Article 4(1) of the Enforcement Rule of the Emergency Medical Service Act.

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