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(영문) 서울동부지방법원 2018.11.21 2018나23416

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Determination on the cause of the claim

A. On April 27, 2015, the Plaintiff asserted that: (a) visited the Council members C (hereinafter “Defendant Hospital”) operated by the Defendant in order to treat alledrology; (b) was prescribed for injection by the Defendant; and (c) was subject to an accident where the left-hand allee was left-off from the bed while being on the bed in order to meet injection; and (d) caused an accident where the left-hand allee was left-out by the Defendant.

At the time, the nurse of the defendant hospital and the defendant hospital did not perform their duties to protect the plaintiff's body, such as guiding the plaintiff not to be injured in the invasion of the principal fact, or inducing the plaintiff who is aged older, but did not perform such duties. Since the nurse of the defendant hospital and the defendant hospital violated the duty to protect the plaintiff by neglecting the plaintiff, such as having the plaintiff go to the pharmacy located on the first floor after the accident, etc., the nurse of the defendant hospital and the defendant hospital violated the duty to protect the plaintiff, the defendant is obligated to pay the plaintiff medical expenses of KRW 2,109,989 and nursing expenses of KRW 6,00,000 that were spent

B. The result of the fact-finding conducted by the nurse of the defendant or defendant hospital merely based on the descriptions of Gap evidence Nos. 1 through 6, the recording file Nos. 7, and the fact-finding conducted by the director of the Gangdong-gu public health clinic of the party, which led to the plaintiff's failure to comply with the duty to protect the plaintiff.

It is insufficient to recognize that the nurse of the defendant or defendant hospital did not take necessary protective measures against the plaintiff and neglected the plaintiff, and there is no other evidence to acknowledge it. Rather, it is difficult for the plaintiff to move to the defendant hospital if he was suffering from severe pains, i.e., the following circumstances acknowledged by comprehensively considering the overall purport of the arguments as a whole as a result of the investigation into the video and the fact-finding with respect to the director of the Gangdong-gu public health clinic of the party branch. If the plaintiff went to the defendant hospital without any special provision, and ② if the plaintiff voluntarily went to the defendant hospital, the defendant hospital was the defendant.