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(영문) 서울중앙지방법원 2015.09.16 2015나13316
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. The Plaintiff entered into a professional (liverer) liability insurance contract (hereinafter referred to as the “instant insurance contract”) with the Korea Employment Services Association as the insured, with the content that the insured is compensated for on behalf of the insured within a certain scope by making the personal accident with the protection and management care care care care of the insured during the course of providing nursing services as the insured.

The insurance period was from June 1, 2013 to June 1, 2014.

The Association of Voluntary Nursing is a nursing dispatch organization, and the nursing B is affiliated with the Association of Voluntary Nursing Personnel.

On November 1, 2013, the Defendant entered into an agreement with the Love Disease Association, and accordingly, the nursing B was dispatched to the Dvalescent Hospital located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant hospital”) operated by the Defendant.

2014. 1. 28. 16:30경 이 사건 병원 707호 병실에서 간병인 B이 입원환자인 E(1931년생, 여, 혈액투석, 척추질환)을 화장실로 데려가기 위하여 침대 사이에 휠체어를 고정시킨 후 E을 부축하여 휠체어에 옮겨 태우는 도중 E이 침대 난간을 짚고 침대에서 일어나려다가 난간을 헛짚는 바람에 중심을 잃고 바닥으로 넘어지면서 침대 난간에 머리를 부딪쳐 귀 뒷부분이 찢어지고 엉덩이를 바닥에 부딪쳐 다치는 사고(아래에서는 ‘이 사건 사고’라고 한다)가 발생하였다.

As a result, E received the diagnosis of the right-of-hand chills from the right-to-hand chills and received the artificial chilling chills on the left-hand side.

On September 18, 2014, the Plaintiff: (a) considered the degree of involvement in E’s king as 30%; and (b) agreed to pay E KRW 5,600,000 (including KRW 2,780,000 as of May 26, 2014) under the name of king treatment expenses, nursing expenses, consolation money, etc.

[Ground of recognition] Facts without dispute, Gap 1 to Gap 8, the purport of the whole pleadings

2. The plaintiff's assertion against B is filed by the defendant.

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