(영문) 부산지방법원 2016.6.1.선고 2014가합11386 판결

1. The defendant shall pay to the plaintiff A 640,780,446 won, 10,000 won, 5,000,000 won, and 15% interest per annum for each of the above amounts from June 1, 2014 to June 1, 2016, and 15% interest per annum for each of the above amounts.

2. The plaintiffs' remaining claims are dismissed.

3. Of the costs of lawsuit, 1/2 shall be borne by the Plaintiffs, and the remainder by the Defendant.

4. Paragraph 1 can be provisionally executed.

Purport of claim

The defendant shall pay to the plaintiff A 1,193,568,616 won, 45,00,000 won, 27,000,000 won to the plaintiff C and D respectively, and 5% per annum from June 1, 2014 to the sentencing day of this case, and 20% per annum from the next day to the day of full payment.

Reasons

1. Basic facts

(a) Relations between parties;

Plaintiff A was performed by the F Medical Center established and operated by the Defendant (hereinafter referred to as the “Defendant Hospital”) and was performed by the F Medical Center established and operated by the Defendant (hereinafter referred to as the “Defendant Hospital”), and was a person with the complete paralysis of the lower half-yearly movement and sense, the safety paralysis and pain of the upper end, and pains. Plaintiff B is the wife of Plaintiff A, and Plaintiff C and D are children of Plaintiff C and D.

B. Progress of treatment at the Defendant Hospital

1) On May 6, 2014, at around 03:00, Plaintiff A was sleeped to the emergency room of the Defendant hospital on the same day on the day when the symptoms were not shown, and around 06:46, the day when Plaintiff A was sleeped to the right-hand side after locking from the locking due to the flat and stringing of the hume of hys that occurred.

2) At around 09:00 on the same day, the medical personnel of the Defendant Hospital conducted a chest MaI test (hereinafter referred to as the “first MaI test”) under the suspicion of Mamina-Ma, and as a result of the examination, the medical personnel of the Defendant Hospital conducted the MaI test on the part of the 9 chest YI test (hereinafter referred to as the “first MaI test”) and the part of the 8,10 chest chrone in the 8,10 chest chrone, the side of the 2-3 chrone in the 2-3 chrone, and the side of the 5th chrone-1,000 square chrone accompanied by the new air ties. Accordingly, the medical personnel of the Defendant Hospital from 14:00 to 17:30 on the same day from the 14:00 day to the 17:30 on the same day, the Defendant hospital conducted the 5th morical morecul (hereinafter referred to as a disc).

3) On May 7, 2014, Plaintiff A started learning in line with the direction of doctor G around the morning and started learning. At around 15:00 on the same day, Plaintiff A shotly shotly shotly cut off the hot sense of 10-11 on the same day, and led to a decline of 2-3 on the right side, and the symptoms around 19:0 on the same day, the symptoms showed a decline in the sense of sense and physical exercise without decristion.

4) At around 19:00 on the same day, the medical personnel of the Defendant Hospital performed a chest MI test. The result of the test showed that the 6 chest-I was observed in and around the 1st century and the stroke in the surrounding area, and the medical personnel of the Defendant Hospital administered the stroph (250mg-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g

5) However, the symptoms of Plaintiff A were not mitigated, and the medical professionals at Defendant Hospital began to receive physical treatment from May 22, 2014 due to the lack of special symptoms, from around 12:00 to around 19:30, in the department of rehabilitation and physical therapy at Defendant Hospital’s hospital, the Plaintiff performed the 8-11 chest pressure and the pulmonary surgery to Plaintiff A. 6) on May 9, 2014, which is the day following the surgery.

7) After a few shocks on May 23, 2014, Plaintiff A satisfing symptoms satisfing the right upper, and the medical personnel at Defendant Hospital satisfing out the symptoms, and as a result of the MRI examination conducted around 18:00 on the same day, the medical personnel at Defendant Hospital recommended Plaintiff A to transfer the Plaintiff to Seoul National University Hospital. At present, Plaintiff A’s medical personnel at Defendant Hospital expressed that there was a view of the 6th trend-3 chest satisfing transfusion (hereinafter referred to as “third blood”).

The plaintiff A was discharged from the defendant hospital on May 24, 2014, and was under rehabilitation treatment at the consent medical center, but is currently in the state of complete paralysis and the state of complete paralysis on both sides (hereinafter referred to as the "instant disability").

(d) Relevant medical knowledge;

1) On the surface of justice, blood-related species (Cavern AngIoma) are the type of blood-related type, which accounts for 5 to 10% of the blood-related type of the entire mid-to mid-to long-distance boundary, and organizationally refers to the type of ice-related type, which occurs in the shape of sea body (cavern house and ball-type) by the mother blood-related donor on the floor of a single cell floor without the adjacent land and carbon-related floors. The cause of the blood-related type on the surface of the sea has not yet been clearly identified.

(ii) symptoms and diagnosis;

In most cases, it can be turned out in the form of a national chronic disorder, depending on the side of the occurrence of symptoms, salphism, symptoms caused by salphism (such as physical and sphism, language disorder, heart, stoma, two sides, etc.) or diseases. A repeated non-explosion surgery within the sick area gradually increases in size and effects, causing cerebrovassis disorder, and rarely causes severe ephism. Prior to the diagnosis, the first competition of adults who had no physical strength such as salphism before the diagnosis, the second step accompanied by the heart and sphism, the second step accompanied by salphism, the second step, the movement of salphism, and the second step, and the second step can be diagnosed. The brain self-explosion image (MI) can be the most accurate diagnosis method, but the ephic strength of ephism can be distinguished from the ephic disease density of ephism.

3) As a representative treatment method, it is known that there is a method of performing an surgery and radiation surgery, and in the case of piracy, it is better to provide active treatment.

A) Abnormal treatment: Acadic treatment may be the subject of a surgical treatment in the case of surgery, such as cerebral disorder that is gradually progress due to the increase in the climatic or obvious re-explosion that causes symptoms, and eromatic symptoms that are not well-controled to anti-competitive agents.

B) Radiation operation can be seen as attempting to perform a radiation operation, such as gamma, on the surface of the sea where it is located in the body of brain or cerebrovascular in which it is impossible to approach the surgery.

C) Preservation: Trackive treatment can be a single method to observe the progress in some limited cases. In other words, in the case of the blood species that are found to be difficult without symptoms, the method of preservation may be used while observing the progress of tracking the self-known video (MRI). However, in such a case, continuous monitoring of the growth of species and whether they have re-explosion, etc. through the shooting of self-known video (MRI), and active treatment should be taken into account when the growth is observed or when the origin of new symptoms is confirmed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, Eul evidence No. 1 and the purport of the whole pleadings

2. Occurrence of liability for damages;

(a) Grounds for occurrence of liability;

1) Whether there was medical malpractice

In light of the following circumstances acknowledged by the medical personnel of the defendant hospital based on Gap evidence Nos. 3, 4, and 7, the results of the request for appraisal of medical records, the fact inquiry results, and the overall purport of the arguments, etc., it is reasonable to view that the execution of disc saving, spinal pressure, and the post-control surgery without the above mentioned above is medical negligence if the medical personnel of the defendant hospital conducted the above-mentioned-free disc saving, spinal pressure, and the post-control surgery without diagnosis even though the causes for the plaintiff's movement and mathy surgery are caused by the chest-in scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic s

① As a result of the first MRI test against Plaintiff A, the head of the 8,10 chest snive body was observed in the 10 chest snive body, and the head of the 8,10 chest snive body was also indicated as follows: “The head of the Defendant hospital’s film department and the head of the 9 chest snive body may cause the head of the snive body of the 9 chest snive body.”

② As to this issue, the appraisal of the financial resources belonging to the Korean Medical Dispute Mediation Agency (hereinafter referred to as "appraisal") which appraised the medical records of the Defendant Hospital A with respect to the Plaintiff’s medical records is deemed to be accompanied by the bottle, which appears to have reduced drinking age due to the arrival of the 9 chrone in the 1st MIM test, and the head of the 8-10 chrone located between the 8-10 chrone and the head of the chrone in the 9th chrone, and the symptoms of the Plaintiff A’s right side are considered to be the head of the chrone with the chrone caused by the chrone in the chrone of the 2-3 chrone, which was observed between the above 5th YI test, and the 1,000 chrone between the 1st chrone and the 5th chrone chrone chrone in the 1st chrone examination.

③ In a case where the blood transfusions are located on the surface of the sea which caused the blood transfusions in the first part of the blood transfusion, it is important to prevent secondary damage to the blood transfusions by administering the employment volume scard, and to mitigate the side by making the second scard. In an inevitable case, where the blood transfusions re-explosion and the mathy progress, the operation of the blood transfusions in the second part may be planned at the early stage. In such a case, it is appropriate to open a scarb and remove the blood transfusions on the surface of the sea which caused the blood transfusions in the middle part of the blood transfusions through the scardy therapy. Nevertheless, the medical personnel of the Defendant hospital only administered the scard 500 meters g of the scard 500m-g, which is not an employment volume after the second blood transfusions, and only performed spinal pressure and after the second blood transfusions as to the second part.

In this regard, the appraisal does not necessarily require the employment volume strophy, but at the time, the plaintiff A was limited to only the right due to acute stroke, so the plaintiff A should have observed whether or not the stroke is stable and the time of operation should have been determined by administering the stroke when treating the stroke. In addition, since the plaintiff A was in progress with the stroke while treating the stroke, it is inappropriate to say that the medical professionals at the defendant hospital conducted vertec and strophying surgery by treating the stroke while treating the external pressure of the stroke, such as the stroke.

2) Whether there exists a causal relationship between medical malpractice and the instant disability

A) The Defendant asserts to the effect that both blood generated to the Plaintiff A were voluntary blood transfusions due to the use of blood transfusions or anti-bloods, and that there was no causal link between the medical practice of the Defendant hospital’s medical staff and the instant disability, since the blood transfusions occurred due to the medical practice of the Defendant hospital or the instant disability was not caused.

B) In light of the following circumstances, which are acknowledged by comprehensively taking account of the aforementioned evidence and the purport of the entire pleadings, the causal relationship between the above negligence of the medical staff of the Defendant Hospital and the Plaintiff A’s instant disability may be acknowledged.

① The medical personnel of the Defendant Hospital failed to diagnose the blood ties of the relevant symptoms, which are the cause of the Plaintiff’s symptoms complained of, and accordingly, did not provide treatment for the symptoms and diseases. ② As in the case of the Plaintiff A, the medical personnel of the Defendant Hospital could partially cover the neology due to the second damage in the event of administering the employment stroke in an incomplete state like the Plaintiff A. As such, the medical personnel of the Defendant Hospital conducted the employment volume stroke, which is a preserved treatment corporation, in the implementation of the Employment Quantity strophy Treatment Act, if the medical personnel of the Defendant Hospital performed the Defendant Hospital’s eromatic eropic and the eromatic mathic mathy, it would have been able to prevent the additional eromatic and neological mathy.

③ As for the plaintiff A, the appraisal shows that the symptoms of neological symptoms were shown to have been achieved due to repeated acute emerculation, and that the blood and the lemeral emeral emeral emeral emeral emeral emeral emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric e.

3) Sub-decisions

As seen earlier by the medical personnel of the Defendant Hospital, the Plaintiff caused the instant disability to the Plaintiff A (hereinafter referred to as the “instant medical accident”), and the Defendant, as the employer of the hospital affiliated with the hospital, is liable to compensate the Plaintiffs for the damages incurred by the instant medical accident.

B. Limitation on liability

However, in full view of all the evidence and arguments mentioned above, i.e., the following circumstances, i.e., (i) the Plaintiff’s scarcity type, which is the scarcity type on the surface of the sea side of the scarcity side in the Defendant hospital; (ii) the Plaintiff appears to have suffered from the scarcity type; and (iii) the Plaintiff appears to have been taking the scarcity type, etc. from before the Defendant hospital’s members to the Defendant hospital; and (iv) even if the Defendant hospital diagnosed the scarcity type on the surface of the sea water and performed the surgery, the Defendant hospital’s medical team’s diagnosis of the scarcity type on the surface of the sea water and performed the surgery, is highly likely to cause scarmatic damage due to the surgery because of high level of difficulty and risk; and (iv) the Plaintiff Company A was in charge of performing the surgery.

In light of the various circumstances and the ideology of the damage compensation system, such as the fair and reasonable sharing of damages, which are revealed in the pleadings of this case, as the first blood transfusion had already occurred at the time of the establishment of the Defendant Hospital, it is reasonable to limit the Defendant’s liability ratio to 50%.

3. Scope of liability for damages

(a) Actual income: 298,302,298 won;

1) Facts of recognition

A) Gender and date of birth: Hborn male (Plaintiff A claimed damages for delay from June 1, 2014, which was after the date of discharge of Defendant Hospital, and thus, the date of the instant medical accident shall be deemed June 1, 2014. The age of 43 years and 4 months shall remain at the time of the accident)

B) Maximum working age: Until January 9, 2031, when the maximum working age reaches 60 years.

C) Monetary assessment of job and operating ability: applying urban ordinary wages, operating on the 22th day of each month): 100%, two parts, brain, scale - Ⅲ-D items, and the Defendant asserts that the Plaintiff had been in a state of lowering side signboards in the 2-3th century at the time when the Defendant was admitted to the Defendant Hospital, the escape of conical signboards in the 1,00th century, and the fall in the 1,00th half of the 9th century by blood transfusion, etc., and thus, there was a partial loss of labor ability due to the king’s disability, which should be deducted from the current labor ability loss rate.

It is insufficient to recognize that the Plaintiff A suffered from the above disease before the Defendant’s hospital, and there is no other evidence to acknowledge this otherwise. Therefore, the Defendant’s above assertion is difficult to accept (However, regarding the part of the disability incurred by the first blood transfusion occurred at the time of the Defendant hospital, as seen earlier, due to the limitation of liability).

[Reasons for Recognition] Unsatisfy, the result of a physical appraisal entrusted to the Director of the Incheon National University, the purport of the entire pleadings

2) Calculation: 298,302,298 won (in accordance with a single interest rate calculated by deducting intermediary interest at the rate of 5/12 per month, the following table shall be the same as the current price of June 1, 2014, which is the date of the medical accident of this case. The period shall be calculated on a monthly basis in principle, and the amount below the won shall be discarded; hereinafter the same shall apply).

A person shall be appointed.

(b) Expenses for future treatment: 388,878,743 won;

(i) the facts of recognition and evaluation;

In order to prevent and manage a merger certificate caused by the instant disability, the Plaintiff’s continuous medical treatment is required, and the annual expenses are as follows (On the other hand, the Defendant asserts that food expenses should be excluded during the period of hospitalization among the details of future medical treatment expenses, so it is reasonable to deduct food expenses during the period of hospitalization in calculating the amount of damages because food expenses are indispensable even without the instant medical accident. If the Defendant is liable to compensate because the food expenses fall under the light hospital treatment expenses, then the food expenses should be deducted (see, e.g., Supreme Court Decisions 67Da1092, Jul. 18, 1967; 91Da5396, May 10, 191). As seen earlier, the Plaintiff’s daily expenses should not be deducted in calculating the amount of food expenses during the period of hospitalization, and thus, it should be excluded in calculating the amount of food expenses during the period of hospitalization in the future.

(1) 76,780 won for hospitalization (54,770 won for the standard sick room x 14 days) 1 ② Pharmacologic treatment expenses and 3,747,020 won for outpatient treatment (i.e., pharmacologic treatment expenses of KRW 3,650,000 + 97.020 won for outpatient treatment expenses)

③ Inspection fees of KRW 1,456,914 (i.e., blood test of KRW 74,20 + KRW 19,640 + 184,6440 + 184,840 for liver and new functions test of KRW 184,840 + 69,760 for scarfy test + + 38,330 for scarfying and simple photographing + 27,160 won for MaRI test of KRW 298,00 + 44 water treatment expenses of KRW 10,234,640 for scarfy test of KRW 1,314,000.

(6) Other treatment expenses for bathing treatment and other treatment expenses, 10,000,000 won.

(ii) the timing and calculation of expenditure;

As above, Plaintiff A is expected to have received future treatment, which requires the annual total cost of KRW 27,519,354, and there is no evidence to prove that Plaintiff A received the above future treatment from May 12, 2016 to April 27, 2038, which is the day following the date of the closing of argument in this case, the above expenses are to be spent at one-year intervals from May 12, 2016 to April 27, 2038, which is the day after the date of closing of argument in this case, and in accordance with the Hofman Accounting Act, the expenses are to be calculated at the present price as of June 1, 2014, which is the date of the medical accident in this case, as listed below, and the aggregate amount is KRW 388,878,743.

A person shall be appointed.

[Reasons for Recognition] The result of the court's commission of physical examination to the Director of the Incheon National University and Busan National University, the rule of experience and the purport of the whole argument

(i) the facts of recognition and evaluation;

The plaintiff A shall be in a state where assistance is necessary during the remaining life period to prevent movement and bathing due to the instant disability, and the expenses incurred therein shall be as follows:

(1) Electrical wheelchairss: 480,000 won per unit price, and six years for life.

(2) Bluorescent stone: 360,000 won per unit price, and three years for lifespans.

(3) Special metree lease for prevention of bathing: 500,000 won per unit price, and three years of lifespan.

(4) Special beds: 900,000 won per unit price, and 10 years of lifespan.

(ii) the timing and calculation of expenditure;

Inasmuch as there is no evidence to support that Plaintiff A paid the aforementioned auxiliary equipment costs by the date of the closing of the instant argument, the above auxiliary equipment costs are deemed first disbursed on May 5, 2016, which is the day following the date of the closing of the instant argument, and each of the above auxiliary equipment costs expected to be incurred by April 27, 2038, which is the date of the closing of the instant argument, shall be calculated at the present price as of June 1, 2014, which is the date of the instant medical accident, according to the Hofman Calculation Act, as listed below, and the aggregate amount is KRW 7,571,902.

A person shall be appointed.

2,000

A person shall be appointed.

EE7

[Reasons for Recognition] The result of the court's commission of physical examination to the Director of the Incheon National University and Busan National University, empirical rule, purport of the whole argument

(d) Nursing expenses: 536,807,949 won;

(i) the necessity of the opening and the extent of the opening;

The plaintiff A needs to open 8 hours a day by an adult in a state where it is impossible for the plaintiff A to do daily life action, such as personal hygiene, distribution, meals, mobility, clothes, etc. due to the incomplete drinking and non-satisfying due to the number of trees.

2) Considering the timing and calculation of the instant disability, in light of the degree of the instant disability, treatment progress, current status, etc., it is reasonable to deem that the Plaintiff’s nursing had been provided by the nursing person or his family from May 24, 2014, which was subsequent to the discharge from the Defendant Hospital, to the date of the closing of argument in the instant case. As such, if the opening costs were to be calculated from June 1, 2014 to April 27, 2038, as the Plaintiffs seek, the sum of the nursing costs is KRW 536,807,949, as indicated in the following table:

A person shall be appointed.

E. Limitation of liability

(i) Liability ratio: 50 percent;

2) Calculation: 615,780,446 won = 1,231,560,892 (actual income 298,302,298 + 38,878,743 won for future treatment + 7,571,902 won for aids + 536,807,949 won for nursing) ¡¿ 0.5).

1) Grounds: The Plaintiffs’ age, family relation, background of the occurrence of the instant disability, content and degree of negligence of the medical staff of the Defendant Hospital, and all other circumstances revealed in the instant arguments.

2) Decision amount: Plaintiff A 25 million won, Plaintiff B 10 million won, Plaintiff C, and Plaintiff D respectively. Sub-decisions.

Therefore, the defendant is obligated to pay to the plaintiff A 640,780,446 won (=615,780,446 won + consolation money + 25,000,000 won). The plaintiff B is obligated to pay damages for delay calculated at the rate of 20% per annum from the next day to the day of full payment to the day of full payment, which exceeds the rate of 15% per annum under the Civil Act from June 1, 2016, which is the date of this case medical accident to June 1, 2016, for damages for delay calculated at the rate of 15% per annum from the next day of this case to the day of full payment (the plaintiff is ordered to pay damages for delay calculated at the rate of 15% per annum from the day of this case to the day of full payment). However, the part of this case as to damages for delay calculated at the rate of 15% per annum from the day of this case's medical accident to the day of full payment.

4. Conclusion

Therefore, the plaintiffs' claims are justified within the above scope of recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

Judges

Judges of the presiding judge;

Judges Lee private-public;

Judges Go Jin-hun

Note tin

1) According to the result of the instant court’s commission of physical examination on the director of the Incheon National University and Busan National Hospital, Plaintiff A’s life expectancy is based on April 28, 2015, an appraisal date.

Since 23 years are 23 years, the date at which the name is ended shall be deemed to be April 27, 2038.

참조조문

-민법

-소송촉진 등에 관한 특례법

-소송촉진 등에 관한 특례법 제3조 제1항

참조판례

-대법원 1967. 7. 18. 선고 67다1092 판결

-대법원 1991. 5. 10. 선고 91다5396 판결

유사 판례

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-서울동부지방법원 2017.11.02 2015가합100332

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