1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant is a medical specialist with childbeds. From October 27, 2014 to June 29, 2015, the Defendant served as a father and doctor with C Hospital operated by the Plaintiff (hereinafter “Plaintiff Hospital”).

B. On June 16, 2015, D, who was a mother in childbed, sought the Plaintiff hospital to leave the clothes, and on the same day, the fetus died in the womb (hereinafter “instant medical accident”).

C. As to the instant medical accident, the Plaintiff paid KRW 30 million to D, and returned KRW 1,218,100 among the medical expenses.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant medical accident occurred due to negligence, which was the principal doctor at the time, did not confirm the matters to be confirmed in the medical treatment of DNA mother, did not transfer to the doctor on duty while leaving the hospital, and did not sufficiently explain the possibility of emergency operations to the patient, and thus, the Defendant bears the duty of reimbursement for KRW 31,218,100 for the expenses that the Plaintiff paid to the patient and his family members.

In addition, due to the instant medical accident, the Plaintiff suffered damages such as the decrease of the employees’ desire to work at the hospital operated by the Plaintiff, and thus, the Plaintiff sought payment of KRW 30,000,000 as consolation money.

3. In order to recognize a doctor's negligence in a medical malpractice case, it shall be examined whether, although the doctor could have predicted the occurrence of the result, the occurrence of the result was not predicted, and whether the occurrence of the result was not avoided even though the occurrence could have been avoided. In determining this, the degree of common attention, who is engaged in the same work, shall be the standard, and the level of medical science at the time of the accident, the medical environment and the characteristics of medical practice shall be considered

(see, e.g., Supreme Court Decision 2004Do6083, Oct. 27, 2006). This case’s case.