손해배상(기)
1. The judgment of the first instance shall be modified as follows:
A. The defendant is against the plaintiff B and C 9,000,000 won, plaintiff D, E, and F respectively.
1. In the first instance court’s trial scope, the Plaintiffs claimed passive damages equivalent to the deceased’s lost profits, and the deceased and the Plaintiffs’ emotional distress damages due to the instant accident. The court of first instance dismissed the deceased’s passive claims, and partly accepted the deceased’s and the Plaintiffs’ emotional distress damages.
As the defendant appealed, the subject of the judgment of this court is limited to the claim of the deceased and the plaintiffs against the defendant for mental damage.
2. Basic facts
A. Plaintiff B and C are parents of the deceased (hereinafter “the deceased”), and Plaintiff D, E, and F are siblings of the deceased, and the Defendant operates the National Chuncheon Hospital (hereinafter “instant hospital”) where the deceased was hospitalized.
나. 망인은 이 사건 병원에서 정신분열병으로 입원치료를 받던 중 2012. 10. 27. 17:00경 이 사건 병원 3층 휴게실 창문 틈으로 뛰어내려 좌우 골반의 상하 두덩뼈가지 폐쇄성 골절 등의 상해를 입었다
(hereinafter referred to as “instant accident”). C.
On October 31, 2014, the deceased died due to the cardiopulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Death while in the court of first instance, and the Plaintiff B and C, the parent of the deceased, jointly succeeded to the deceased.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 3, and 8 evidence (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
3. Determination
A. The following facts can be acknowledged in full view of the evidence Nos. 3, 4, Eul evidence Nos. 1, 2, and 6, testimony by witnesses G of the first instance court, the results of the on-site inspection by the court of the first instance, and the purport of the whole oral argument as to the H office of the court of the first instance.
① The Deceased had been under continuous hospital treatment for about 17 years due to the severe symptoms of flick, and from September 200 to the time of the instant accident, 13 times at the instant hospital.