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(영문) 인천지방법원 2016.06.29 2015가단47951

손해배상(의)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The relevant Plaintiff A is the spouse of the deceased H (hereinafter “the deceased”), and the rest of the Plaintiffs are the deceased’s children.

The defendant is a person who operates the J Hospital located in Jeoncheon-si I (hereinafter referred to as the "Defendant Hospital").

B. (1) The Deceased was hospitalized at the Defendant Hospital for the purpose of receiving medical care from September 30, 2013 to after the occurrence of the instant accident and the period from the accident to the death, etc. (2) On December 1, 2013, the Deceased was released from the invasion to the toilet around 22:30.

(hereinafter “the instant accident.” The Plaintiff asserted that “the deceased was killed in the course of the invasion.” However, in light of the following circumstances acknowledged by the evidence cited below, it is reasonable to deem that the deceased was deprived of the invasion to have been caused by the following circumstances, i.e., the deceased’s symptoms of the usual loss to the deceased, and the time of the instant accident, at the time of the instant accident, the deceased was written as a person who was laid down on the part of the bed end of the bed, and was written as “the deceased was laid down on the bed end of the bed,” and on the part of the clothes.”

A nurse of the Defendant Hospital finds the Plaintiff, who was laid down on the upper end of the bed end of the bed end in the course of hearing the sound of the Deceased and confirming the bed room, and the Deceased was seated together with his nurse.

At that time, the nurse at the defendant hospital was placed in the her clothes, caused the deceased to wear a patient uniform and to wear a diaper, with the help of a nursingman, and confirmed the name of the deceased, with the physical strength signs (the blood pressure of 150/90mHg, 90mHgs, heart water of 90mHgs, heart water of 90/ Sectorh, 24 times/minutes, and 36.6mp of body temperature), and confirmed the condition of consciousness and consciousness, the deceased responded with snow while breaking the eye.

3. The nurse of the Defendant Hospital had the Deceased take a stability in the state of the Deceased, and observed the condition of the Deceased. At around 23:10, the Deceased had his blood knicked, and had his knick mixed with flicks on the move-in.