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(영문) 광주지방법원목포지원 2015.08.18 2015가단2315

입원 진료비등

Text

1. Defendant A and C shall jointly and severally pay to the Plaintiff KRW 22,125,960 and the interest rate thereon from June 13, 2015 to the date of full payment.

Reasons

1. According to the overall purport of the statements and arguments by Gap evidence Nos. 1 through 5 (including paper numbers) as to the claims against defendant A and B, defendant A was hospitalized in the plaintiff hospital from December 23, 2010 to February 25, 2015, and the principal’s charge (involuntary admission treatment costs) incurred during the above period was claimed by the plaintiff at KRW 22,125,960, and defendant C prepared a written admission agreement (Evidence No. 3) including the purport that the plaintiff would bear the medical expenses of the defendant A on December 23, 2010.

Therefore, the aforementioned Defendants are jointly and severally liable to pay to the Plaintiff 22,125,960 won and damages for delay calculated at the rate of 20% per annum from June 13, 2015 to the day of full payment, which is the day following the delivery date of a duplicate of the instant complaint.

2. The Plaintiff asserted that Defendant A jointly and severally guaranteed the Defendant A’s hospitalization fee. However, it is insufficient to recognize that Defendant A agreed to bear the Defendant A’s medical expenses in excess of the duty of the legal guardian under Article 22 of the Mental Health Act (the duty related to admission, discharge, and abandonment), and there is no other evidence to acknowledge this, the above claim is rejected.

3. In conclusion, the plaintiff's claim against the defendant A and C shall be accepted on the ground of its reasoning, and the claim against the defendant B shall be dismissed on the ground of its ground and it is so decided as per Disposition.