beta
(영문) 서울서부지방법원 2015.04.17 2013가합36149

진료비 청구의 소

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 124,091,630 and KRW 71,220,50 among them, from September 4, 2013, and KRW 52,871.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that operates the New Village Symnae Hospital (hereinafter “Plaintiff hospital”) in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. Defendant A is a patient who was hospitalized in the Plaintiff hospital as DB, Defendant B is its mother, and Defendant C is its father.

B. On August 24, 2012, Defendant A hospitalized the Plaintiff’s hospital for treatment of acutely high-level hepatitis, acute disguised infection, brain infection, etc. On the following day, Defendant B entered into a hospitalization contract with the Plaintiff on behalf of the legal representative of the Defendant A on behalf of the Plaintiff to deposit the Defendant with the Plaintiff’s hospital and to provide the Defendant B and C with a joint and several liability for medical expenses.

C. The medical expenses incurred to Defendant A in the course of treating the Plaintiff Hospital are KRW 71,220,50 by June 12, 2013, and KRW 52,871,130 by November 8, 2013, and the sum of KRW 124,091,630 by November 8, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the facts found above, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 124,091,630, totaling the unpaid medical expenses up to November 8, 2013, and KRW 71,220,50,00,000, which the Plaintiff sought as part of the claim, are liable to pay damages for delay calculated at the rate of 20% per annum from September 4, 2013, the day following the day on which the copy of the complaint was served upon the Plaintiff, which is the day following the day on which the copy of the complaint was served by the Plaintiff.

B. As to the Defendants’ assertion, the Defendants caused a medical accident, such as cerebral tension caused by the negligence of the Plaintiff hospital’s medical personnel and failure to recover consciousness, while Defendant A was hospitalized in the Plaintiff hospital. As such, the medical personnel of the Plaintiff hospital caused a medical accident by failing to perform his/her duty of care as a good manager. The medical personnel of the Plaintiff hospital also caused the medical accident.