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(영문) 인천지방법원 2015.04.28 2015나50934

손해배상(의)

Text

1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. Basic facts

A. The plaintiff is the wife B.

B. B, on January 18, 2014, when the Defendant was hospitalized in an reinforced pen hospital operated by the Defendant (hereinafter “Defendant hospital”) for the purpose of gambling treatment on October 2013, 201, B escaped through the restaurant of the Defendant hospital after having met with the Plaintiff on January 18, 2014, and returned to the Defendant hospital (hereinafter “the first accident”), and B thereafter returned to the Defendant hospital (hereinafter “the first accident”).

1. 20. On the 20th day of the escape from the Defendant hospital through the smoking room, the day was found by the staff of the Defendant hospital and returned to the hospital. The accident occurred that attempted to do harm on the part of the Defendant hospital, and that attempted to do so was also an accident.

(hereinafter referred to as “each of the instant accidents” in total, including the instant primary accident and the instant accident.

After that, the defendant hospital requested C to discharge B and transferred B to another hospital.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the facts of the recognition of the above liability for damages, since the defendant hospital was hospitalized by a mentally ill person, such as B, and there is a high possibility that ordinary patients would attempt escape from time to time, the defendant hospital employees at the defendant hospital had a duty of care to prepare for the situation by considering the condition of patients in the hospital at all times. In particular, since B had already incurred the first accident in this case, it is sufficiently foreseeable that such sudden action may be repeated, and therefore, the defendant hospital had a duty to prepare for the unexpected situation, such as holding more active behavior and checking locking the locking devices. Thus, the defendant hospital employees at the defendant hospital was responsible for compensating the plaintiff for the damages suffered by the plaintiff due to each accident in this case.

As to this, the defendant.