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(영문) 인천지방법원 2016.05.31 2014가합52090
손해배상(의)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the head of a hospital that operates a hospital in Nam-gu, Incheon (hereinafter “Defendant hospital”), and the Plaintiff is the spouse of E (FFs and hereinafter “the deceased”) who was receiving medical treatment at the Defendant hospital on February 17, 2012.

B. From November 20, 2011, the Deceased suffered from chronic renal failure during the last stage during which it is impossible to maintain his/her life without undergoing blood speculation treatment or kidney surgery, the Deceased has been receiving blood malkin treatment at the Defendant Hospital.

다. 망인은 2012. 2. 17. 07:30경부터 피고 병원에서 혈액투석 치료를 받았는데, 같은 날 09:24경 피고 병원에 정전이 발생하여 혈액투석기가 작동을 멈췄다.

Accordingly, the nurse of the defendant hospital recovered the blood of the deceased who is extracted from blood turbrology by operating the blood turbrology with his body. D.

At around 09:40 on the same day, the medical personnel of the Defendant hospital performed cardiopulmonary resuscitation as a result of light training and respiratory suspension to the Deceased, and at around 10:02 on the same day, the Deceased was taken measures to transfer to the low-income hospital through ambulances.

E. At around 10:18 on the same day, the Deceased arrived at a low-income hospital and was receiving various medical treatments, such as cardiopulmonary resuscitation, but died at a long-term diversopty, around 22:30 on the same day.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 to 3 and 5, the purport of the whole pleadings

2. Whether liability for damages arises;

A. The Plaintiff’s assertion 1) The Plaintiff asserts that there was negligence of neglecting the duty to prevent danger, even though he had been negligent in examining the internal electrical power distribution system and taking the minimum safety measures such as checking the internal electric power distribution system and installing a non-static power source system, etc., at the Defendant Hospital around November 25, 2011 and around January 20, 2012, and thus preventing the risk. 2) The Plaintiff asserted that there was negligence of neglecting the duty to prevent danger.

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