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(영문) 청주지방법원 2019.07.12 2016가단100805

손해배상(기)

Text

1. The Defendant: KRW 3,66,666 for each of the Plaintiff A, B, and C; KRW 1,55,55 for Plaintiff D; KRW 1,370,370 for Plaintiff E, F, and G, respectively.

Reasons

1. Existence of liability for damages

A. Facts of recognition 1) L medical care center (installer M. hereinafter “the instant medical care center”)

Around May 21, 2009, the head of the competent Si/Gun/Gu reported the establishment of facilities to provide meals, medical care and other conveniences necessary for daily life to older persons who need help due to sexual illness such as dementia, etc. among medical welfare facilities for older persons under Article 34 (1) 1 of the Welfare of Older Persons Act among medical welfare facilities for older persons under the Welfare of Older Persons Act. Around June 21, 2009, the head of the competent Si/Gun/Gu reported the establishment of facilities to provide meals, medical care and other conveniences necessary for daily life. Around June 2009, the Defendant was designated as a long-term care institution for older persons under the Long-Term Care Insurance Act by the head of the competent Si/Gun/Gu. Around July 2013, the head of the instant medical care center was the head of the competent Gu/Si, while practically operating the instant medical care center, and M did not participate in the Defendant’s medical care center’s work.

3) N (hereinafter referred to as “N”)

(4) On March 13, 2010, P of the facility head of the instant medical center was determined as Grade 3 due to a mental or physical disorder, such as dementia, etc. (hereinafter “the instant medical center”). On March 13, 2010, P of the hospital head of the instant medical center: (a) provided the deceased admitted to the instant medical center with facilities, such as bed rooms, physical therapy rooms, and other facilities, such as meal and health care; and (b) the deceased entered into an admission contract with the content that P would pay the patient’s charge under the Long-Term Care Insurance Act and the non-benefit charges (hereinafter “instant admission contract”).

Article 6 of the contract prepared at the time of the above contract shall be "A (P) shall place a commissioned doctor, nurse, and ensure stability in the state of health of B (the deceased)," Article 7 shall require medical treatment upon the diagnosis of a doctor as determined by A (the deceased).