1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiffs corresponding to the above revocation part are the defendant.

1. The grounds for this part of the facts of recognition are the same as the corresponding part of the reasoning of the judgment of the court of first instance (1. Recognizing the facts of recognition). Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act

2. Of the “emergency accident” which is the requirement of the insurance accident under the relevant insurance contract of this case, the term “emergency accident” means that the cause of the injury or death means all the physical defects of the insured, i.e., disease or physical and qualitative factors, which are caused by external factors, not due to the insured (see, e.g., Supreme Court Decisions 2001Da27579, Aug. 21, 2001). In a case where the insured was injured due to the “medical malpractice” in the course of surgery for treatment of a disease or other medical treatment, such injury falls under the “emergency accident” (see, e.g., Supreme Court Decisions 2008Da78491, Aug. 19, 2010; 2010Da67722, Aug. 17, 2012); the burden of proof between the result of the injury or the result of the injury and the result of the injury or the causal relation between the claimant.

(See Supreme Court Decision 2010Da12241 Decided September 30, 2010, etc.). 3. Determination

A. In light of the above legal principles, according to each description of evidence Nos. 4 and 5, the following facts are recognized.

On November 24, 2015, the doctor who was in charge of the deceased's medical treatment was prepared with the following contents.

After cardiopulmonary suspension, I were hospitalized in this department as cardiopulmonary resuscitation and treated after cardiopulmonary resuscitation.

It is presumed that a long-term patient's cardiopulmonary resuscitation has occurred at cage cage cage cage, and it is thought that the cage cage cage and dym dym dym dym cage has occurred.

Since then, the flusium inserted and large quantities of chest and the blood transfusion were conducted for the patient but died.

It is recorded that the possibility of blood transfusions is high due to the cage at the place of operation records.