205 Ghana 75087 Damage (Definition)

1. Plaintiff 1 (Omission of Resident Registration Number)

2. Plaintiff 2 (Omission of Resident Registration Number)

3. Plaintiff 3 (Omission of Resident Registration Number)

4. Plaintiff 4 (Omission of Resident Registration Number)

The address of the plaintiffs, Nam-gu, Incheon (hereinafter omitted)

[Defendant-Appellant]

Defendant:

Incheon Southern-gu (hereinafter referred to as "Seoul-gu")

Law Firm Doz.

Attorney Lee In-bok

June 24, 2008

July 29, 2008

1. The Defendant: KRW 37, 629, 510, Plaintiff 2, Plaintiff 3, and Plaintiff 4 respectively; KRW 15, 611, 913, and each of them

B. From February 17, 2005 to July 29, 2008, 5% per annum and from the next day to the day of full payment.

the rate of 20% per annum shall be paid.

2. The plaintiffs' remaining claims are dismissed.

3. Of the costs of lawsuit, 20% is borne by the Plaintiffs, and the remainder 80% is borne by the Defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 1 42,036, 889 won, plaintiffs 2, 3, and 4 17, 848, 226 won, respectively, and 5% per annum from February 17, 2005 to the delivery date of the complaint of this case, and 20% per annum from the next day to the day of full payment.

1. Facts of recognition;

A. The Relationship between the Parties

Plaintiff 1 is the husband of ○○○, who died on May 3, 2005, and the rest of the Plaintiffs are the children of ○○○, and the Defendant is the intention to operate ○○○○○ in the Nam-gu, Incheon (hereinafter omitted).

(b) Progress of treatment;

(1) From around 1999, ○○ has suffered from urology by controlling urology through oral medicine, etc., and on February 12, 2001, at 00 University Hospital, blood pressure measured for operation of urine and urine surgery has been suffering from high blood pressure at a level of 160/100 mHg.

(2) On February 17, 2005, ○○○ (hereinafter referred to as “Defendant hospital”) found the Defendant’s ○○○○ (hereinafter referred to as “Defendant hospital”) due to symptoms in around knee-free part. At that time, ○○ said that there was symptoms of urology and high blood pressure to the Defendant.

(3) The Defendant conducted the RAY inspection to ○○○, and diagnosed ○○ as sediosis infection, and injected hypitis, which is an steinitis. However, even though hyp was performed under strict fyp manipulation, the Defendant did not inject it in such a way.

(4) In addition, OOO on February 18, 2005, ○○ was given physical treatment at the Defendant Hospital upon her request. The blood pressure per day was 166/70mHg.

(5) On February 21, 2005 and February 23, 2005, OO○ had the Defendant’s hospital’s water treatment, and had the Defendant take the drug prescribed by the Defendant, and OO○ continuously complained of the pain, on February 24, 2005, OOO○ removed knee from each knee (18cc, 12cc, 12cc) and injected the hne. The blood pressure per day was 207/90mH.

(6) Since February 25, 2005, ○○ continued to receive physical treatment from March 26, 2005, and on March 3, 2005, ○○ received treatment for the removal of pipes and for the injection of lusium (170/80mHg at the time of blood pressure) such as paragraph (5), and on March 17, 2005, received treatment for the lusium injection on March 17, 2005, and on March 26, 2005, the skin was suffering from illness.

(7) Meanwhile, the Defendant: (a) ○○○ was dynacated in the trophical mouth, including the tetradroid, on February 17, 2005; (b) 3.3.10; (c) 3.10; (d) 3.17.3.22; and (c) 3.24.24. The Defendant was dynacated in the 8-culical mouth; (d) stedroids are strong chynaced; (c) but they involve high blood pressure and high blood pressure; and (d) immunodeficiencys are affected by the weakening.

(8) However, in the above treatment process, ○○ constantly appealed to the Defendant, and on the other hand, there was no separate treatment for the Defendant to alleviate ○○’s high blood pressure and symptoms of urinology.

( 9 ) 오○○의 무릎은 점점 진한 붉은색으로 변하였고 , 부종이 가라앉지도 않았으며 , 다리 뿐만 아니라 팔까지 퉁퉁 부어 혼자서는 일어날 수도 없게 되었다 .

(10) At around 7:40 a.m. on March 27, 2005, ○○ was hospitalized in a 00 university hospital through an emergency room for a 00 university hospital. At that time, the blood transfusion was much more than 120mg/dL, the normal range of which was 470mg/dL.

(11) At the same time, the Ma○○’s Ma○ increases to 18,90/mm ( normal range 4,000 - 10,00/mm). As a result, the ple X-RAY taken at around 7 p.m. on March 27, 2005 had already shown symptoms of the closed part, such as the blood pressure falls to 80/40mHgs at 9 p.m. on the same day.

(12) 00 University Hospital provided the ○○○○ with antibiotics to treat the infection of the infection, with an antibiotics operation for the purpose of treating the infection of the infection, the climatic operation for the climatic part, which is the cause part of the infection, and the climatic part, etc. of the climatic climatic cliff, the blood pressure climatic climatic part, and the artificial

(13) However, on May 3, 2005, ○○ died by the sacrifine catitis, which is the preceding engineer, the middle line showe, and the pulmonary part of the direct death.

C. Medical knowledge related to the instant case

(1) The spawnitis is proceeding slowly with the spawnitis in the middle of age, and in the case of the spawnitis in the middle of age with the spawnal change of the spawnosis in the middle of age, the spawnitis causes damage to the spawnosis within a short period of time by causing a rapid reaction of the spawnosis in the middle of age of 60 years or older, even if there is no spawn symptoms from the general public, to the point of view of the spawnitis in radiation.

(2) The cause of the chemical and agricultural spawn infection is spawn and can be affected by germs in credit, injection, etc., and without any such circumstance, it may be caused by the spawn which were returned to the spawn in the spawn, and by the spawn in the spawn, which were returned to the spawn in the spawn, and by the spawn agricultural spawnitis.

Where appropriate diagnosis and treatment are delayed, it may be developed with a parosis.

(3) The blood transfusion refers to the all-inclusive reaction symptoms caused by spact infection. The 20% of the patients with severe hepatosis infection - 35%, 40% of the patients with pactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactactact act

(4) On the other hand, the Round must be taken under strict anti-equal manipulation, and the side effects of the injection may lead to fluorous fluorite infections, and must be continuously observed, such as fluoring or heating, in order to verify whether after injection or merger has occurred, and in the case of conducting a procedure to remove fluority in the patient's kneeele, it entails pain, and there is a possibility of fluorous fluoring, so strict treatment should be taken.

(5) As seen earlier, in a case where a large quantity or small volume of water is used for a long time through the administration of a horse or for infecter, etc., it causes side effects, such as high blood transfusion, high blood pressure, and immunodeficiency weakening, etc., and, as seen earlier, in a case where it is used for a long time through the administration of a horse or for infecter, the possibility of infectrosis infection will be enhanced.

(6) and persons with urology frequently, and with severe level of infections, and skin infections and urine infections cause tracess to patients with urology.

[Ground of recognition] The non-contentious facts, Gap evidence 1 through 3, Gap evidence 10, 11, and the result of the investigation into the hospital head, the purport of the whole pleadings.

2. Determination

(a) Occurrence of liability for damages;

According to the facts found above, the defendant is liable to compensate for damages suffered by ○○ and its inheritors since he suffers from high blood pressure and urine, so it is easy to infection with spawn, and ○○ who could have been easily aggravated when he is infected with spawn, ① eption and spawn removal of spawn, which must be strict eciological treatment, ② spawnly performed without such treatment, ② spawn's excessive injection for a short period of time, ③ and spawn's negligence without continuous management of high blood pressure and urine infection with spawn; ③ spawn's symptoms caused by spawnosis caused by spawnosis to ○○, and eventually caused the death of spawn by spawn.

B. Limitation on liability

Even if the damage is caused or expanded by the concurrence between the original harmful act and the harmful act, and the factors of the injured party, such as the risk of the injured party or the risk of the disease, if compensating the perpetrator for the whole damage in light of the form, degree, etc. of the disease in question is contrary to the principle of comparative negligence in determining the amount of compensation, the court may apply the principle of comparative negligence to determine the amount of compensation and take into account the factors of the injured party who contributed to the occurrence or expansion of the damage (see Supreme Court Decision 2005Da16713, Jun. 24, 2005, etc.).

As seen earlier, the Defendant’s liability for damages was limited to 80% in light of all the circumstances revealed in the oral proceedings of this case, including the following: (a) ○○○’s existing disease, and (b) ○○○○’s treatment, including drug treatment and physical treatment, for the purpose of treating the infection.

(c) Scope of damages;

(1) The actual income

(A) Facts of recognition and evaluation;

(1) Gender: The date of birth of female: June 7, 1948.

On February 17, 2005: 56 years of age at the time of an accident: 8 months of age;

Name of rental: 26. 66 years;

(2) Monthly income: 52,585 won 】 22 days (Evidence A 5-1, 2)

(3) Maximum working age: From June 6, 2008 until June 6, 2008, the maximum working age of 60 years.

(b) Calculation (less than a month and less than a source; hereinafter the same shall apply).

(1) 52, 585 X22 x 36.066 x 100 x 2/3 = 27,817,016 won

(2) 27, 817, 016 won x 80% of the defendant's liability ratio = 22,253, 612 won.

③ Property damage of Plaintiff 1 1 x 0.80 = 10, 211, 640 won (the amount of KRW 9, 764, 550 (the amount of KRW 1, 2, and 3 of evidence A 6) + funeral expenses of KRW 3,00, 00) x 80

(2) Consolation money

OOO : 30,00,000 won

Plaintiff 1: 10,00,000 won

Plaintiff 2, Plaintiff 3, and Plaintiff 4: each of 4,00,000 won

(3) Inheritance; and

(A) Amount to be inherited: 52,253,612 won (the sum of damages and consolation money to ○○ Property and consolation money)

(b) Calculation;

① Plaintiff 1: 17, 417, 870 won (52, 253, 612 won x 3/9)

② Plaintiffs 2, 3, and 4: 11, 611, and 913 respectively ( KRW 52, 253, and 612 x 2/9)

(4) Total amount

(A) Plaintiff 1: 37, 629, 510 won (17, 417, 870 won + personal property damage and consolation money)

(B) Plaintiffs 2, 3, and 4: 15, 611, and 913 respectively (11, 611, and 913 + one’s consolation money)

D. Sub-committee

Therefore, the defendant is obligated to pay to the plaintiff 1 1 15, 611, and 913 each of them and the damages for delay calculated at the rate of 5% per annum under the Civil Act from February 17, 2005 to July 29, 2008, and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. Conclusion

Therefore, the plaintiffs' claim of this case is justified within the scope of the above recognition, and the plaintiff's claim is dismissed as it is without merit.

Judges