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(영문) 서울중앙지방법원 2015.09.16 2014나42515
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs who ordered payment is revoked next.

2. The Defendants are jointly and severally liable.

Reasons

1. Facts of recognition;

A. The deceased I (hereinafter “the deceased”) was a person with a disability of the first degree with brain lele, who is a disability of the first degree, and was unable to voluntarily move to the right, and communication was somewhat smooth due to the decline in recognition, and the horses divided into two parts.

B. On November 13, 2012, E, as the guardian of the deceased, entered into an admission contract with the Defendant Marina Co., Ltd. (hereinafter “the Defendant Marina”), and the Defendant G, with the Deceased from November 13, 2012 to November 1, 2013, which the said Defendants jointly operated at the 3, 4, and 5 level (hereinafter “the instant medical care center”), and entered into an admission contract with the said Defendants to receive medical care services, such as meal service, care, bathing, nursing, and rehabilitation (hereinafter “instant admission contract”). On the same day, the deceased was admitted to the instant medical care center.

C. Article 9(1) of the instant admission contract provides that a resident is exempted from the liability of compensation of the medical care center of this case in the event that the inmate is beyond booms, stairs, and toilets without the patient’s care.

However, the “after-entry service plan” presented at the time of the instant medical care center stated that “the deceased is trying to get off and walk from the bed, or he/she intends to go on by himself/herself, so it is necessary to carefully observe and not to go off the bed, and it is necessary to secure the safety and stability of the wheelchairs in front of the wheelchairs as a countermeasure against the suspect.”

On December 10, 2012, at around 14:30 on December 14:10, 2012, the deceased was faced with head from the wall and the floor of the toilet, and the rest of the toilet on the third floor of the medical care center of this case was faced with an accident.

(이하 ‘이 사건 1차 사고’라 한다). 당시 ‘쿵’ 하는 소리를 듣고 화장실로 달려온 사회복지사와 요양보호사는 망인을 발견한 후 망인을...

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