구상금
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.
1. Facts of recognition;
A. From June 1, 2012 to June 1, 2013, the Plaintiff entered into a contract for compensation liability insurance for a professional occupation (a sick person) that compensates other persons for damage arising from a legal liability for damages arising from a physical disability, etc. while performing his/her duties, by setting the amount of compensation as KRW 10 million per claim, the total amount of compensation as KRW 10 million per claim, and the maximum amount of compensation as KRW 100 million.
(b) The National Health and Medical Support Center is located 173 Gaba in the center of Ulsan-gu operated by the defendant;
A was dispatched to the two hospitals as nursing workers.
However, around 04:00 on August 3, 2012 Gaba
The patient B (a patient with dementia symptoms while aged 90 years old and with poor mobility, who was hospitalized in the two hospitals, and was in charge of the nursing of A is one of the patients in charge of the nursing) suffered from the injury, such as a streaking away from the bed.
(hereinafter “instant accident”). C.
The plaintiff calculated the ratio of the victim's negligence among the medical expenses in B to 40% and paid KRW 9,956,065 to the National Health Insurance Corporation.
[Grounds for recognition] Each entry of Gap evidence Nos. 1 and 4, and the purport of the whole pleadings.
2. The plaintiff's assertion
A. The defendant, as well as Ghana
The owner of the two hospitals, who is the owner of the two hospitals, committed the duty to take safety measures, such as shock buffer facilities, on the floor of the hospital for the elderly patients with poor living conditions, and neglected the duty to take appropriate protective measures for the patients, but neglected the duty to command and supervise A, who is a nursinger, thereby causing injury to B. As such, the accident in this case is liable for nonperformance or tort, and the employer is liable.
B. The Plaintiff paid KRW 9,956,065 to the National Health Insurance Corporation after deducting 40% of the victim’s negligence ratio from the medical treatment costs in B.
The accident of this case is the negligence of A and Ghana
The negligence of both hospitals shall be concurrent.