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(영문) 대전지방법원 2021.03.11 2019나122439

손해배상(기)

Text

Of the judgment of the first instance court, the plaintiffs' failure amounting to order additional payment in paragraph 2.

Reasons

1. The reasoning for this part of the facts by the court is as follows, except as follows, with the reasons stated in Paragraph 1 of the judgment of the court of first instance (the main text of Article 420 of the Civil Procedure Act). From No. 3 of the judgment of the court of first instance, from No. 24 to No. 4 from No. 2 of the judgment of the court of first instance to No. 3 is as follows.

"D."

J at around 16:20 on March 3, 2018, at the second floor of the medical care center of this case, found G unable to start, and attempted to rape the G (hereinafter “the attempted rape of this case”). On the first instance judgment of No. 4 of the first instance court of "No. 5 of No. 1 through 1, 2, 3, and 6 of No. 1 (including the number of pages), "B” is described as “A” in each of the evidence of No. 1, 2, 3, and 6 (including any number).

2. Determination

A. In full view of the following facts and circumstances acknowledged by adding the aforementioned basic facts and evidence as a result of the occurrence of liability for damages, and the response of the court of the first instance to the Daejeon District Prosecutors' Office to commission documents to the Daejeon District Prosecutors' Office, the Defendants suffered criminal injury resulting from rape in breach of the duty of facility management under the long-term recuperation contract and the duty of protection under the good faith principle accompanying the instant long-term recuperation contract.

It is reasonable to see that, as a result, G and the plaintiffs suffered mental pain is obvious in light of the empirical rule.

Therefore, the defendants jointly and severally are liable to compensate the plaintiffs for damages arising from tort as part of the inherited portion of the damages claim based on the non-performance of obligations or tort committed by G against the defendants and as part of G's children.

1) Defendant D’s social welfare foundation must take care of the elderly’s health care facilities to care for the elderly, and to ensure the safety of the inmates. Defendant E, as the head of the facility, should maintain and manage the human and physical environment so that the inmates of the instant medical care center can receive stable mental and physical care.