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(영문) 부산지방법원서부지원 2020.05.13 2019가단102176
손해배상(산)
Text

1. The plaintiff A and B's lawsuit against the defendant E shall be dismissed.

2. Defendant D Co., Ltd. shall be KRW 6,000,000, and Plaintiff B.

Reasons

1. Facts of recognition;

A. The plaintiff A is the spouse of the deceased F (hereinafter "the deceased"), and the plaintiff B and C are the children of the deceased.

B. On June 28, 2018, the deceased, as an employee of Defendant D Co., Ltd. (hereinafter “Defendant D”), suffered an accident that cut down the right fingers on the foundation’s machine (hereinafter “instant accident”), and received a felling operation by backing it to the G Hospital operated by Defendant E (hereinafter “Defendant hospital”).

C. After receiving a balon surgery, the Deceased complained of a balonary surgery and received hospitalized treatment. After the balon surgery, the Deceased complained of a balonosis, and from July 12, 2018, the symptoms of balon and balonation were serious, and from July 14, 2018, the Deceased complained of symptoms, such as respiratory distress and balonation.

On July 15, 2018, the Deceased was released from the Defendant Hospital and received treatment for cardiopulmonary diseases in the past.

E. From around 09:40 on July 16, 2018, the Deceased showed symptoms of cardiopulmonary suspension, such as that the respiratory distress was serious, the climatic change was caused, and the blood pressure was not caused.

Accordingly, the Defendant hospital administered drugs, such as Ethnphin and Ethnphin, to the Deceased, and carried out cardiopulmonary resuscitation, but eventually died at around 11:40 on the same day.

F. The death diagnosis report for the deceased issued by the Defendant Hospital is indicated as “a certificate of flapsying in color” as a direct death.

G. On July 18, 2018, Plaintiff A and B drafted a written agreement with the Defendant Hospital (hereinafter “instant agreement”) with the following content.

The Agreement expressly states that the above patient Frans death is not responsible for the G Hospital, and this Won shall be paid five million won as the funeral expenses subsidy for the patient.

In the future, the patient's guardian and the surviving family members will not impose civil or criminal responsibility on the G Hospital in connection with the patient's death, and they are related to this agreement.

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