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(영문) 창원지방법원 2017.10.19 2016가단111464
구상금
Text

1. Defendant A and B jointly share KRW 61,543,020 for the Plaintiff and KRW 36,886,650 among them, from June 19, 2014, and KRW 16,520 for the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) In the event of the instant accident, C participated in the F open in the E hotel located in D (hereinafter “instant hotel”) from February 26, 2014 to February 28, 2014.

(2) Some guest rooms in the instant hotel A, including the instant hotel A, No. 410 (hereinafter “the instant hotel”) are merely 20cm from the wall of the guest rooms in the instant hotel A, and there was a huge of 2 width windows that people can see. However, there was a balcony in the shape of a rectangular type outside the guest room where the right window was opened and the balcony was installed. However, there was no room outside the left window.

Nevertheless, the above guest room did not have to open the left window so that it can not be opened, and there was no warning phrase to inform that balcony is not installed on the left window.

(3) On February 28, 2014, C discussed with friendlys, and divided friendlys and talks in the instant guest room into friendlys and talks. At around 05:00, C opened a balcony left door in a room to smoke tobacco and fell out from the fourth floor of the instant hotel, thereby falling down from the fourth floor of the instant hotel.

(hereinafter referred to as “instant accident”). (4) Accordingly, C suffered from post-accident disorder, such as an intelligence index 67 points, intellectual disability 3 points, and Gyeong-do mental retardation, etc., due to cerebral cerebral brain damage (intelligent index 67 points, intellectual disability 3 points, and Gyeong-do mental retardation) by suffering from injury to less than 14 weeks’ stability, medical treatment, and continuous rehabilitation treatment.

B. The Plaintiff is a juristic person established under the National Health Insurance Act that manages and operates the health insurance business for preventing, diagnosing, treating, and rehabilitation the disease and injury of the citizens, giving birth and death, improving health, etc.

(2) G Co., Ltd. (hereinafter “G”) is a company that owned and operated the instant hotel from around 2002. Defendant A is a person who actually operated the said company with the husband of H, who is the representative director of the said company.

(3) Defendant A and H’s children.

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