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(영문) 서울동부지방법원 2020.03.20 2018가단128358
손해배상(기)
Text

1. The Defendants jointly share 11,55,55 won and each of the said money to Plaintiff A, 19,33,33 won, Plaintiff B, C, and D, respectively.

Reasons

1. Facts of recognition;

A. Plaintiff A is the spouse of the deceased G (H students, hereinafter “the deceased”), and Plaintiff B, C, and D are the children of the deceased.

Defendant E is an operator of “J Center”, a medical care institution located in Seoul Special Metropolitan City, Nowon-gu I (hereinafter “instant medical care institution”), and Defendant F is a caregiver working in the said medical care institution and has been in charge of medical care for the Deceased.

B. On December 1, 2015, Defendant E entered into a medical care contract with the Plaintiff’s agent to provide “long-term care services” to the Deceased suffering from dementia, such as recognition training, social strengthening training, rehabilitation and physical functions training, maintenance of cleanliness.

C. Around 19:00 on April 16, 2018, Defendant F provided the Deceased with livered rice powder in a simple manner. Defendant F provided the Deceased with 3 x4 cm on a simple basis, and Defendant F was negligent in doing so, and the Deceased used the mold for a long time. Therefore, in a case where the Deceased was supplied with rice tea, it would be sled so as not to be able to be frighted. In addition, the Deceased, as an elderly with dementia, has been suffering from food search, and the Deceased tend to drink food and drink, and have been frighted by themselves. As such, Defendant F provided the Deceased with 3 x4 cm on a daily basis as well as 34 cm on a daily basis, and Defendant F was able to take necessary measures, and Defendant F was negligent in doing so, and Defendant F provided the Deceased with 3 x4 cm on the deceased’s food and drink, and thus, died from the Deceased Hospital 15 Do and 15 3 Do.

(hereinafter “instant accident”). D.

Defendant F was prosecuted as a crime of occupational injury resulting in the instant accident on June 13, 2019, and was sentenced to a two-year suspended sentence on June 13, 2019 (Seoul Northern District Court 2018Kadan5124). The said judgment became final and conclusive around that time.

[Reasons for Recognition] Unsatisfy, A(1) to 4, .

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