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(영문) 부산지방법원 2020.06.18 2016가단354264
손해배상(의)
Text

1. The defendant's KRW 4,100,00 for each of the plaintiffs and 5% per annum from October 5, 2016 to June 18, 2020, respectively.

Reasons

1. Basic facts

A. G (H) received hospital treatment from the Defendant (hereinafter “Defendant hospital”) since December 12, 2013 due to the lower half of the vertebrate, high blood pressure, and cardiopulmonary dye, etc., which was the aftermathy of the spine surgery received for a long time.

G From August 22, 2016, after receiving treatment by transferring to Busan University Hospital as a result of closure, G was hospitalized and received treatment at the Defendant Hospital again on August 29, 2016.

G was suffering from multi-psychotropic disease, dementia, etc. in addition to each of the above diseases.

B. On October 5, 2016, G died on the ground of 14:45 square meters on the same day while G was undergoing procedures to transfer to Busan National University Hospital due to aggravation of the symptoms, such as difficulty in respiratory due to pulmonon, etc.

C. The heir of G (hereinafter “the deceased”) had the Plaintiffs and J as their spouse and children.

A A died on February 4, 2020 while the instant lawsuit was pending, and his heir is the Plaintiffs and J as their children.

[Ground for Recognition: Facts without dispute, Gap 1, 6, 14 evidence, Eul 1 through 6 evidence, purport of the whole pleadings]

2. Since the medical personnel of Defendant Hospital asserted by the Plaintiffs had the following negligence and the deceased died therefrom, the Defendant is obligated to pay the Plaintiffs the damages for nonperformance or tort under the medical contract and the statutory damages for delay as stated in the purport of the claim as follows:

① Funeral expenses KRW 600,000, which correspond to the shares of the plaintiffs in inheritance (1/5) among funeral expenses KRW 3,000,000 paid by A. (2) KRW 7,615,385, which correspond to shares in inheritance (3/13) of the plaintiffs among KRW 33,00,000,000, KRW 1,500,000, each amount equivalent to the shares in inheritance (1/5) of the plaintiffs among KRW 7,615,385, which correspond to shares in inheritance (1/5) of the plaintiffs. ③ 3,000,000, KRW 1,500,000, KRW 33,000,000, KRW 5,076,923,5,000 of the plaintiffs' shares in inheritance (2/13), respectively, of KRW 33,00,000.

A. The medical staff of the Defendant Hospital is hospitalized.

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