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(영문) 부산지방법원 2013.11.08 2011가단71182
손해배상(의)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are the successors of the deceased H (hereinafter “the deceased”) who died after surgery and treatment at the Busan East-gu G Hospital located in F (hereinafter “Defendant Hospital”), and Defendant D is the operator of G Hospital, and Defendant E is the nurse in charge of the deceased.

B. On January 12, 201, the Deceased complained of the back part of the wood table and both the shoulder pain, fingers, and sacrific symptoms, and the Defendant Hospital. On January 12, 201, the doctor of the Defendant Hospital: (a) diagnosed the condition of the Deceased by the type of sacrine sacrinosis and sacrifine sacrinosis; (b) the 6-7 conutination and the 3-4 conutination; and (c) the sacrination of the sacrinine sacrinosis; and (d) the sacrination of the sacrinine 5-6 pifination and sacrination to the Deceased on January 18, 2011.

C. On January 21, 201, the Deceased, who was hospitalized after an operation, argued that spiting the spite could not be spited with his own funds, by means of debrising around 01:40 on January 21, 201.

Accordingly, the Defendant hospital transferred the deceased to a centralized treatment room and transferred the deceased to a East Asian University Hospital on January 21, 201, when the condition of the deceased was not improved, and on January 21, 201, the Defendant hospital transferred the deceased to the East Asian University Hospital. While the East Asian University Hospital continued to perform physiological surgery on the deceased, the deceased died at around 07:4 on the same day, and the private person of the deceased on the death report is the respiratory part.

[Ground for recognition: Facts without dispute, Gap evidence 1-1 through 3, evidence 2-1, 2, 4-1, 2-5-1, 5-2, and the purport of whole pleadings]

2. The summary of the plaintiffs' cause of action caused the death of the deceased for the following reasons, and thus, the defendants are obligated to pay consolation money of KRW 30 million to the deceased, and consolation money of KRW 5 million to the plaintiffs. Since the deceased's claim of consolation money of KRW 10 million is inherited to the plaintiffs respectively, the defendants as joint tortfeasor (or as the employers of Defendant E) are jointly and severally liable to pay consolation money of KRW 15 million to the plaintiffs.

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