beta
(영문) 서울중앙지방법원 2021.02.03 2018가단5219119

위자료

Text

1. The Defendants jointly share the Plaintiffs with regard to KRW 4,997,567 and each of the above amounts, from October 25, 2018 to February 3, 2021.

Reasons

1. Facts of recognition;

A. Defendant H is the representative of the K Medical Care Center located in the Hanam-siJ (hereinafter “instant Medical Care Center”). Defendant I is the head of the instant Medical Care Center, who is the managing and operating officer of the instant Medical Care Center.

B. On August 6, 2018, Plaintiff A, who is the deceased L (hereinafter “the Deceased”) and the deceased’s children, concluded a contract for the provision of facility benefits among long-term care benefits for the Defendants and the elderly (hereinafter “instant contract”) as the guardian of the Deceased, and the Deceased hospitalized in the instant medical care center.

The main contents of the instant contract are as follows.

Article 4 (Contractor's Obligations) The Defendants shall perform in good faith the following obligations:

Article 10 (Health Care) (6) The Defendants shall perform health care activities, such as confirmation of active symptoms, medication management, bathing management, and prevention of abortion, etc., for the health care of the deceased.

Article 12 (Emergency Measures) (1) When the Defendants deem that the life of the Deceased is in critical condition, they shall be immediately transferred to the Convention Hospital, the hospital designated by the Deceased (the Deceased or his guardian) or the relevant medical institution, and shall notify the guardian thereof immediately.

(c)

At the time of entering into the instant contract, the deceased and the Plaintiff A prepared a medical record for admission, and the above medical record for admission include the following contents:

2. Inasmuch as the admission elderly can easily be found to have a mouth or hole due to the weakening of the skin and the weakening of the skin, it would not be a civil or criminal prosecution in the event of being injured by his/her own performance or suffering. 3. The entrance elderly is well-known and may not bring a civil or criminal prosecution against the injury caused by the circumstances of the loss in good faith or force majeure.

The medical care center of this case is located.