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(영문) 광주지방법원 2014.12.05 2014가합637

손해배상

Text

1. The Defendant’s KRW 89,071,854 for the Plaintiff and the Plaintiff’s 5% per annum from December 30, 2013 to December 5, 2014.

Reasons

1. Basic facts

A. The plaintiff is the mother of the deceased C (the deceased; hereinafter referred to as the "the deceased"), who is the only heir of the deceased, and the defendant is a psychiatrist who operates the F Hospital in the Ma in the Yeman-gun E (hereinafter referred to as the "the hospital in this case").

B. On February 1, 2011, the Deceased was administered at the hospital of the Joseon University (inception and stimulation surgery) at the hospital of the Joseon University on the basis of cerebral typhism (inception), and thereafter received hospitalized treatment for approximately three months (from April 5, 2012 to June 9, 2012 and June 18, 201 to July 10, 201) in the G convalescent hospital due to symptoms, such as alcohol respect, bipolartic dynamic disorder, etc.

C. From August 6, 2013, the Deceased got hospitalized treatment at the instant hospital due to symptoms of alcohol alcohol from around August 6, 2013, and was discharged on September 9, 2013.

On December 3, 2013, the Deceased was detained in the Gwangju prison on the charge of injury, and on December 23, 2013, the Deceased was released on the same day as he was sentenced to a suspended sentence of imprisonment for four months at the Gwangju District Court.

E. As the symptoms of alcohol of the Deceased continued, the Plaintiff, along with the Deceased on December 27, 2013, moved back to the instant hospital. At the time, the Deceased was under the influence of alcohol and was unable to immediately enter the hospital, and was used in a case where isolation measures are required due to the 2nd tonishment of the stable toilets.

Around 08:30 on December 28, 2013, the day following the day after the drinking was completed, the instant hospital was hospitalized in the hospital room No. 505 of the fourth floor of the instant hospital, a closed ward around 08:30.

F. Each bottle room of a closed ward has two windows 135 cm wide and 56.5 cm wide from the floor at the height of 1m. In order to prevent a person from leaving the body, the windows are installed in the window studs, with a heat forest prevention device fixed on the chron not to open the window more than 20 cm long. At intervals of 15 cm from the outside of the window, four studs of the window studs are installed at intervals of 15 cm.

G. At around 16:00 on December 29, 2013, the Deceased removed the bredles, set up on the No. 505 Dempicts, and stheme lease.