logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.03.11 2019가단5151470
손해배상(기)
Text

1. The Defendant: 5% per annum from August 22, 2018 to March 11, 2021 for each of the Plaintiffs’ KRW 7,500,041 and for each of them.

Reasons

1. Facts of recognition;

A. On June 1, 2018, the parties’ relationship I (hereinafter “the Deceased”) entered the K Care Center located in the Gangnam-gun J of Gangwon-gun, Gangwon-do (hereinafter “the instant medical care center”). The Defendant is an insurer who entered the instant medical care center and the elderly’s medical care facility owner (the amount of KRW 100 million).

B. The occurrence of the instant accident and the deceased’s death on August 2, 2018: (a) around September 9:5, 2018, the Deceased died of a private person on the part of August 22, 2018 (hereinafter “the instant accident”). Around walking the front corridor L of the Medical Care Center (hereinafter “the elderly at home”) by the M, who was admitted to the Medical Care Center (hereinafter “the elderly at home”). Around February 2, 2018, the deceased incurred an operation on the part of the elderly at home from the mouth labing the right end of the instant accident (hereinafter “the instant accident”). Around August 6, 2018, the deceased died of a private person on the part of the deceased on the part of the deceased (the death of the deceased due to the instant accident shall be considered again in the latter).

As a result of the investigation conducted by the competent authority and the administrative disposition conducted, the Jung-gun, which is the authority having jurisdiction over the pertinent authority, was dismissed without active efforts for the prevention of accidents, such as failing to take any particular measures, even though the elderly had already been discharged twice on February 2, 2016 and January 2018, which was the previous date of the instant accident, caused problems, such as leaving the hospital by a brush with other older persons, etc.

In the light of this, the administrative guidance(s) was taken.

(d)

The plaintiffs, who are the deceased's spouse A and the deceased's children, jointly inherited the deceased, and thereafter upon the death on April 30, 2020, the plaintiffs jointly inherited A.

[Ground for recognition] Unsatisfy, entry of Gap evidence 1 to 13, purport of whole pleadings

2. Occurrence of liability for damages;

A. The instant accident involving the Defendant’s liability for damages of the instant accident has already been caused two times prior to the occurrence of the incident, such as the occurrence of and violence with other senior citizens, but does not take any preventive measures against the accident.

arrow