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(영문) 서울동부지방법원 2017.08.11 2016가단128
손해배상
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. At around 23:50 on June 7, 2015, the deceased G (hereinafter referred to as “the deceased”) had shown difficulty and decrease in respiratory and food, and was transferred to an emergency room operated by the Defendant (hereinafter “Defendant hospital”) by the vehicle 119, and was subject to emergency measures, such as inserting the pebb in the deceased’s engine for artificial resuscitation in the emergency room, and was hospitalized in the middle patient room at around 03:19 on June 8, 2015.

B. On June 9, 2015, around 10:20 on June 10, 2015, there was an accident in which the Pib was inserted into the deceased’s flag, which was accumulated in the patient room at the Defendant Hospital, and the deceased suffered brain damage.

C. On July 25, 2015, the Deceased died of the multi-long-term care unit as a direct death, around 07:40 on July 25, 2015, while being hospitalized at the above hospital.

As the inheritor of the deceased, there are plaintiffs A, C, D, and E, who are the deceased's spouse, and their children.

E. The deceased’s heir paid the Defendant hospital totaling KRW 15,207,026 to the deceased’s treatment expenses.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, 8, 9 (including each number), the purport of the whole pleadings

2. The assertion and judgment on the grounds of the claim

A. The medical staff of the Defendant hospital asserted the cause of the claim: (a) the Defendant hospital did not insert the tubes of a size appropriate for the deceased’s temperature to an appropriate depth; (b) did not supply oxygen to the deceased smoothly; and (c) the patient’s office was negligent in fixing both arms of the patient and observing the patient’s progress from time to time in order to prevent the patient’s act, such as influencing the pecing of the pebs inserted into the bub in the bubdo; and (c) there was an accident where the pebs of the pebs inserted into the bubs on June 9, 2015, which had been laid down by the bubs that had been laid down in the bubs that had been put into the bubs in the bubs at the wind to prevent the patient’s act without any awareness.

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