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(영문) 서울고등법원 2015.11.12 2015나13920

손해배상(의)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The basic fact is that the Defendant is a juristic person operating the Switzerland Mental Health Hospital located in Gwangju City (hereinafter referred to as the “Defendant Hospital”); the Plaintiff A was hospitalized in the Defendant Hospital from February 21, 2012 to March 16, 2012; and the Plaintiff B’s mother.

Plaintiff

A on February 21, 2012, when he received outpatient treatment from the doctor in charge due to alcohol addiction symptoms at the New Village Synas Hospital, and was hospitalized in the closed ward of the Defendant Hospital on the same day.

C. On March 15, 2012, at around 21:10, Plaintiff A appealed to the left-hand side of the Defendant Hospital (hereinafter “instant accident”). Around 21:25 of the same day, Plaintiff A’s physician on duty at the Defendant Hospital was unable to walk without any other person’s axis. Around 21:25 of the same day, the Plaintiff’s doctor on duty determined that the instant Plaintiff was not in an emergency because there was no particular error in appearance or sense of view, and instructed the Defendant Hospital to take a position at the intensive observation room.

Plaintiff

A, at around 10:00 on March 16, 2012, as a result of diagnosis conducted by an external static surgery, there is an opinion of isolation. At around 13:30 on the same day, A was discharged from the Defendant Hospital and was transferred to the emergency room in the new village sponsor hospital, and received a fixed operation on the part of the left sponsor in the upper end of the upper end (hereinafter “instant operation”).

[Ground of recognition] A did not dispute, Gap evidence Nos. 2 through 4, Gap evidence Nos. 6-1, the whole purport of the arguments, and the plaintiffs' negligence under the medical staff at defendant hospital's hospital's medical staff at the defendant hospital's hospital's claim that the plaintiff suffered an injury that the plaintiff suffered an anti-fluence of the left-hand side. The defendant is the employer of the defendant hospital's medical staff at defendant hospital's hospital's hospital's hospital's hospital's medical staff at issue, and is liable to compensate the plaintiff A

Plaintiff

A has been suffering from alcohol addiction for a long time, and as a medical personnel of the defendant hospital, the medical personnel of the defendant hospital examine and examine the overall condition of the above plaintiff, such as nutritional condition and whether he/she is suffering from alutism.