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1. The Defendant’s KRW 195,00,000 for the Plaintiff and 6% per annum from July 3, 2017 to May 28, 2018.
Reasons
1. Facts of recognition;
A. As the father of B with disability caused by medical malpractice, the Plaintiff is the policyholder and the beneficiary of the instant insurance contract, and the Defendant is the insurer who concluded the insurance contract with the Plaintiff.
B. On January 27, 2014, the Plaintiff concluded an insurance contract with the Defendant on the following terms, and paid KRW 42,800 at the beginning of the insurance premium.
- Insurance coverage period: - Guarantee insurance premium on January 27, 2014 - 32,114 - Total insurance premium: 10,686 won: - Total insurance premium: 42,800 won - Insured: B (ASEAN): In the case of an insured worker’s injury at least 3%: KRW 100 million in the case of an insured worker’s injury - the payment of 100 million won in the case of an injury - the payment of 80% or more in the case of a injury - the payment of 100 million won in the case of a injury after the injury (at least 80%) Article 1(2) of the Special Terms and Conditions for Guarantee of the Injury (at least 80% in the case of an injury): The injury referred to in this Special Clause shall be deemed to mean that the body (including physical injury, such as artificial arms, artificial arms, artificial limbs, artificial arms, and artificial arms, but shall be included in the case of an injury) suffers from the function of artificial organ or parts, etc.
C. On September 18, 2014, the occurrence of the insurance accident B, which occurred, caused the occurrence of an accident that causes damage to low oxygen brain due to the negligence of a medical staff from among the Dos in which he/she was receiving a beer for administration of alcohol at the hospital of the Chungcheong University.
The current rate of loss of labor ability in B due to the above accident is 40% of moving motion (in a situation where it is impossible to get out of the room without any other person's continued aid despite the use of special auxiliary devices), 15% of food consumption (in a situation where it is impossible to use a water reservoir and at all meals without any other person's continued aid), 20% of urine and urology (in a situation where it is necessary to continue another person's assistance to help urology), 10% of bathing (in a situation where it is impossible to show or take a bath without any other person's continuous aid).