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(영문) 서울서부지방법원 2020.12.03 2019나42270

손해배상

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. As to this part of the basic facts, this court's explanation is identical to the corresponding part of the judgment of the court of first instance, except for the modification to "(s) of the 3, 6, 8, 11, 29 evidence (including a provisional number; hereinafter the same shall apply) of the 3, 3, 6, 11, 29 of the judgment of the court of first instance as "(s) without dispute", and the purport of the whole pleadings," and thus, it is identical to the corresponding part of the judgment of the court of first instance.

2. The plaintiff's assertion

A. The Defendant’s clinic did not perform the contractual obligation under the instant contract and committed a tort in violation of Article 39-9 subparag. 3 of the Welfare of the Aged Act. As a result, it caused the deceased’s health or death, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 60,282,832 (the total sum of KRW 21,886,750,000, KRW 20,000,000, KRW 20,000,000, KRW 20,000,000, KRW 38,396,000,000,000, KRW 200,000,000, KRW 8,396,082 (the Plaintiff’s actual profit, KRW 8,396,000,000, KRW 200,0000, KRW 100,000, and damages for delay).

1) In a case where the deceased’s meal service for the deceased was not properly conducted, and it was impossible for the deceased to receive normal meals, there was no supply of nutrition through a public official in charge of misconduct. 2) The Defendant medical care center neglected on the part of the deceased, such as that the deceased’s dynasium administered a dynasium at the latest, and the deceased’s dynasium sold the dynasium due to dynasium and dynasium dynasium dynasium dynasium.

3 The Deceaseds before being admitted to the Defendant Medical Center, shall control dementia and make a high blood pressure.