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(영문) 대법원 2018.11.15 2016다244491
손해배상(의)
Text

All appeals are dismissed.

The costs of appeal between the Plaintiff and the Defendant are assessed against the Plaintiff and the Defendant.

Reasons

The grounds of appeal are examined.

1. The reasoning of the lower judgment on basic facts reveals the following facts.

The plaintiff is a woman born by J, and was treated as follows around July 2003.

(1) On July 10, 2003, the Plaintiff was diagnosed as a disguised disease, and the Plaintiff was provided with medicine and medication for them on July 11, 2003.

(2) On July 12, 2003, at around 08:33, the Plaintiff complained of heat, clothes, and moto, and applied to a member of the Council operated by Defendant C. Defendant C diagnosed as a fire extinguishing machine and respiratory machine disease, and prescribed 4mg of piracy, Eurgs, Eurine, etc.

(3) The plaintiff showed symptoms, such as blood, blood, and friendship, at home on the same day. At around 13:00, there was symptoms, such as the plaintiff's failure to properly sound, even though his parents did not have a strong mind.

At around 15:00 on the same day, the Plaintiff’s parent asked Defendant C by telephone, and the Defendant C’s solicitation applied to the emergency room of Defendant D Hospital (hereinafter “Defendant hospital”) around 17:50 on July 12, 2003.

The major symptoms at the time of the birth were '13:00', and the end was divided into horses, and the body temperature was normal.

The medical personnel of the defendant hospital examined the plaintiff's past history and symptoms on the same day, and diagnosed them with symptoms outside the body of the body of the deceased, cerebral mathy infection, cerebral mathy infection, and cerebral mathy, and the plaintiff injection of heat alutism and antibiotics around 19:00 on the same day.

At around 07:20 the following day, the plaintiff conducted a test of brain dystrophy, showing symptoms beyond the new boundary, and prescribed the drugs for the treatment of brain dystrophy, and diagnosed it with the symptoms of brain dystrophy, acute malphymosis, and the symptoms of acute dystrophy infection.

B. In the examination conducted on July 13, 2003 by the Defendant Hospital, the Plaintiff became aware of brain disease and was highly likely to be infected.

The plaintiff transferred to Seoul National University Hospital on July 21, 2003 and received medical treatment for 40 days.

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