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(영문) 서울동부지방법원 2016.10.26 2015가단49522
위자료
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are children of the deceased F (hereinafter “the deceased”), Defendant D is the president of the H Care Center located in Gangdong-gu Seoul Metropolitan Government, and Defendant E is the staff in charge of the J duties under the jurisdiction of Gangdong-gu Seoul Metropolitan Government Office I.

B. From September 201, the Deceased was protected at K Medical Care Center (K Medical Care Center) from around September 201, and around February 14, 2013, the Deceased was admitted to H Medical Care Center and died of a disease on June 21, 2014.

C. Around June 24, 2014, the Plaintiffs were notified of the death of the Deceased by Defendant D or Gangdong-gu Seoul Metropolitan Government.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Gap evidence 5 and 6 (including paper numbers), the purport of the whole pleadings]

2. The plaintiffs' assertion and determination plaintiffs asserted that they were without the consent of their guardians at the time of their admission to the deceased, and did not notify their guardians at the time of their operation. They voluntarily used the deceased's basic living expenses pension, and they committed tort such as tort without the consent of their protectors in the funeral procedure. The defendant E and the defendant Gangdong-gu Seoul Metropolitan Government were negligent in the direction and supervision of the H medical center operated by the defendant D, and the defendants are jointly and severally liable to pay consolation money to the plaintiffs due to the above tort.

The evidence submitted by the plaintiffs alone was found to be erroneous in the defendant D's admission procedures for the deceased, protection procedures including operation procedures for the deceased, and funeral procedures for the deceased.

In addition, there is no other evidence to acknowledge that there was an error in the course of directing and supervising H medical care center, which is an affiliated organization of the defendant E and the defendant Gangdong-gu Seoul Metropolitan Government, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiffs' claims against the defendants are dismissed as it is without merit. It is so ordered as per Disposition.

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