1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

1. Basic facts

A. On October 22, 2013, while the deceased B (Cre, hereinafter “the deceased”) suffered from mental fissione since about 30 years ago, he/she was forced by family members to be hospitalized in the “Cheongyeong-gu Hospital” located in Pyeong-gu, Pyeong-gu, Pyeong-gu, Cheongsung-si, the mental disorder caused by the Defendant’s operation.

B. On October 26, 2013, the Deceased requested the doctor in charge to be in charge of gambling, but the doctor in charge rejected the request in accordance with the deceased’s South Eastern’s opinion and refused to administer the medication from that date.

다. 그러던 중 망인은 2013. 10. 30. 06:45경 옥상에서 담배를 피운 후 그곳에 아무도 없는 틈을 타 손톱깎이를 이용하여 옥상 바닥으로부터 약 3m 위에 설치된 철 그물망을 끊어 구멍을 낸 다음, 그곳을 통해 밖으로 빠져 나와 건물 외벽에 설치된 배수관을 타고 내려오다가 지상으로 추락하여 사망하였다

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

At the time of the instant accident, the Deceased was unmarried as a male with 49 years of age and 2 months of age, and the Plaintiff, as his mother, succeeded to the deceased’s property solely.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Gap evidence 2-2, Gap evidence 3, 4, 5, Eul evidence 1, 8, Eul evidence 9-1 through 9, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. As a person operating a mental and hospital based on the basis of responsibility, he/she shall be equipped with necessary equipment to prevent a person subject to forced hospitalized treatment due to a mental and symptoms from attempting to escape or commit suicide, etc., and with the duty of care to take measures to ensure that the nurse, nurse, etc. should carefully examine the patient with the equipment.

In this case, as to whether the defendant fulfilled all the above duty of care, the Health Team, and the deceased, to the extent that they were forced to be hospitalized by their family members.