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(영문) 대구지방법원 2017.10.12 2017나305568
손해배상(기)
Text

1. The part against the plaintiffs, which orders payment under the judgment of the court of first instance, shall be revoked.

Reasons

1. Facts of recognition;

A. The Defendant is the head of the F Hospital (hereinafter “F Hospital”) established for the treatment of mental health specialists in the Gu, Si, Si, and Gu. The Defendant is the head of the F Hospital (hereinafter “F Hospital”).

The deceased G (hereinafter referred to as “the deceased”) received hospitalized treatment in the F Hospital 307 room due to alcohol addiction from May 26, 2015 to May 29, 2015 due to the military register addiction, detailed alcohol addiction, etc.

B. He was hospitalized at the F Hospital 306 on the her own final disease, and was hospitalized at the F Hospital 306 on May 29, 2015; however, on May 29, 2015: (a) 08:12, H, by hand, deemed the Deceased to enter the 306 room; (b) made the Deceased’s her neck back and her clothes back to the floor so that he/she would not go beyond the floor; and (c) suffered injury, such as blood transfusion in the two finites, the two ducts, etc., for which approximately eight weeks of treatment is required.

(hereinafter referred to as “instant accident”). C.

On March 8, 2016, the Deceased died due to the pulmonary convergence, etc. while receiving treatment. The heir is the plaintiffs who are their children.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 7, 8 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. At the time of the Plaintiff’s assertion, the Defendant, the president of the hospital at the time of the instant accident, was negligent in neglecting the duty to supervise and supervise H, the patient suffering from the onsite, and immediately transferring the Deceased to a general hospital for close inspection after taking emergency measures against the Deceased immediately after the instant accident.

Therefore, the defendant is liable to compensate for damages caused by the accident of this case as an employer or a tort.

B. The Defendant’s alleged plaintiffs signed a special pledge that they would not raise an objection to the occurrence of an accident due to the deceased’s self-harm and other injury due to the characteristics of the F Hospital.

In addition, since the F Hospital faithfully performed its duty to protect patients at the time of the instant accident, such as emergency measures against the Deceased, the Defendant did not err in the instant accident.

(c).

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