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(영문) 의정부지방법원고양지원 2015.10.08 2014가단11034
위자료
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the deceased E’s father (hereinafter “the deceased”), Defendant B is the deceased’s children, Defendant C is a doctor at the G convalescent Hospital located in the Youngdong-gu, Busan Metropolitan City F (hereinafter “instant hospital”), and Defendant D is a nurse at the said hospital.

B. On September 29, 2013, the Deceased was hospitalized at the instant hospital and received medical treatment, and on November 1, 2013, the Deceased was hospitalized into the respiratory part of the forest fire education hospital at the Dong National University and received medical treatment until December 27, 2013, and was discharged from the said hospital’s rehabilitation department, and re-hospitalized the instant hospital again on the same day. On January 31, 2014, the Deceased died at the instant hospital around 08:00.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The Defendants asserted that the Plaintiff did not take appropriate medical measures in an emergency before the death of the Deceased, resulting in the death of the Deceased, and that the Plaintiff did not notify the Plaintiff of the emergency situation of the Deceased and caused the Plaintiff to commit a tort in which the Plaintiff failed to observe the race of the Deceased. As such, the Defendants are jointly and severally liable to compensate the Plaintiff for mental damage amounting to KRW 30 million.

B. The Defendants did not notify the Plaintiff of the emergency situation of the deceased immediately, and the fact that Defendant C and D did not actively provide life-sustaining treatment for the deceased does not conflict between the parties.

However, each of the statements in Gap evidence Nos. 2, 3, 5, 8, and Eul evidence Nos. 1 and the whole purport of the arguments are comprehensively considered. In other words, the deceased is a person who received treatment from an external hospital due to repeated pulmonary pulmonary pulmonary pulmonary dysing disorder caused by cerebral dys, and the deceased is aged 91 years of age at the time of hospitalization, and the deceased is due to a hystrophy disorder caused by old light dyspat at the time of hospitalization.

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