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(영문) 대구지방법원 2019.07.04 2018가합207209

손해배상(기)

Text

1. The Defendants jointly share 10,181,818 won, Plaintiff C, D, E, and F, respectively, and each of the said money.

Reasons

1. Basic facts

A. The relationship between the parties 1) Defendant medical corporation H (hereinafter “Defendant Foundation”)

The purpose of the establishment, operation, etc. of a medical institution is to establish, operate, etc., the Jvalescent Hospital (hereinafter referred to as the “instant hospital”) which is a senior citizens specialized hospital in Daegu-gu I.

2) On January 23, 2017, the deceased A (K students, hereinafter referred to as “the deceased”) was hospitalized in the instant hospital due to dementia, walking disorder, etc.

3) Defendant G is a caregiver working at the instant hospital, who was in the care of the deceased. 4) Plaintiff B’s spouse, Plaintiff C, D, E, and F are the deceased’s children, and the Plaintiffs are the deceased’s successors.

B. The occurrence of the instant accident occurred on April 12, 2017, when Defendant G used the Deceased’s bath at the fifth floor of the instant hospital (hereinafter “instant accident”). The Deceased suffered an accident beyond the floor of the deceased due to the instant accident.

C. 1) On April 13, 2017, the Deceased’s death, etc. was discharged from the instant hospital due to the instant accident. On the same day, the Deceased was hospitalized in the instant hospital on the 14th day of the same month, and undergone surgery, such as maternal typhical and internal typhical surgery, and nephical pressure surgery on the 27th day of the same month. (2) The Deceased was hospitalized in the instant hospital on May 17, 2017. (3) On the 20th day of the same month, the Deceased was discharged from the hospital, and died on January 17, 2019.

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1, 2, 6, 7, 8, 10, 15, 16, 19, 20, 23 (which include each number; hereinafter the same shall apply), Eul's evidence Nos. 1, 2, and 7, and the purport of the whole pleadings

2. The parties' assertion

A. In the course of Defendant G’s assertion, the instant accident occurred due to negligence that failed to perform his duty of care as a caregiver in the course of taking the deceased’s bath, which led to the death of the deceased.

Therefore, this is applicable.