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(영문) 서울중앙지방법원 2015.08.11 2014가합29822

손해배상 등

Text

1. The Defendants are jointly and severally liable to the Plaintiffs each of KRW 9,549,771 as well as 5% per annum from March 12, 2014 to August 11, 2015.

Reasons

1. Basic facts

A. (1) The parties’ status (1) Defendant F is a person operating H (hereinafter “instant medical center”) which is a residential welfare facility for the aged located in Dong-gu, Chungcheongnam-gu, Seoul. Defendant Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Defendant Hyundai Marine”) concluded a business liability insurance contract for the instant medical center as the insured on July 25, 2013 (hereinafter “instant insurance contract”) up to KRW 100 million per accident.

(2) The deceased I (Jed, hereinafter “the deceased”) is a deceased person who was receiving medical treatment by suffering from an injury, such as a wound due to external wound, while living in the instant medical center, while suffering from a wound due to the wound. The Plaintiffs are the deceased’s children.

B. (1) On August 7, 2013, Plaintiff E, as his guardian of the deceased, entered into an admission contract with Defendant F to entrust the deceased with the medical care of the deceased. The deceased was admitted from that time to the medical care center of this case. At the time, the deceased was able to walk, but the deceased was in a condition that he could walk, and there was a little number of dementia symptoms.

On the other hand, the above admission contract provides that "in case a hospitalized is physically or physically ill or dies due to a physical disease or unavoidable circumstance, the defendant F shall immediately contact his guardian and the guardian shall be responsible for hospital hospitalization, funeral and all other things."

(2) On August 9, 2013, 200: (a) the Deceased suffered from diversary hump blood transfusions, salivasiss, etc., after the entrance mold, from the diversary hump around August 9, 2013.

(3) At the time of the instant accident, K, a caregiver, was in the care room at the time of the instant accident, but after the instant accident, he was in the room of the deceased, asked the deceased to open a place where to the public, and made soup so that the deceased would go back to a humf.

K is the condition of the deceased.