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(영문) 춘천지방법원 강릉지원 2018.10.02 2018나30525

구상금

Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. Basic facts

A. The deceased B (hereinafter “the deceased”) is a brain-stroke or serious dementia patient whose long-term care grade was determined pursuant to Article 15 of the Act on Long-Term Care Insurance for the Aged and Article 7 subparag. 3 of the Enforcement Decree of the same Act.

B. From October 21, 2013, the Deceased received protection from the C Center operated by the Defendant (hereinafter “C Center”) on May 18, 2016, and died on August 24, 2016, the Deceased received 2 degrees of defratable images from the waterways emitted from the bathing valves of the living room of the instant sanatorium on the course, etc., and died on August 24, 2016, by receiving 2 degrees of defratable images from the Korea National Health Insurance Corporation, which is a medical care institution under Article 42 of the National Health Insurance Act.

(hereinafter referred to as “instant accident”). C.

A total of KRW 70,726,966 (i.e., the Corporation’s charge of KRW 56,247,330 (i.e., the Non-Medical Care Costs of KRW 10,305,296). The Plaintiff paid KRW 56,228,280, and KRW 19,050 on December 26, 2016 among the above Corporation’s charge to each medical institution.

On March 14, 2018, the Plaintiff refunded 1,449,910 won and delay damages exceeding the total amount of annual co-payment under the National Health Insurance Act (hereinafter “the maximum amount of principal co-payment”) to F, the heir of the Deceased, who was the deceased.

E. The location of a water valve in the living room of the sanatorium of this case is as follows:

[Reasons for Recognition] The facts without dispute, Gap's statements or images, and the purport of the whole pleadings, as to Gap's evidence Nos. 2 through 5, 8 through 13

2. Compensation for damage and the occurrence of and limitation on a claim for indemnity;

A. The summary of the Plaintiff’s assertion is that the Defendant neglected the management of the facility while operating the care and protection facility, thereby resulting in the Deceased’s image, and the Defendant’s employee E did not immediately cope therewith, and thus, the damage was increased accordingly, Articles 750 and 756 of the Civil Act.