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(영문) 서울북부지방법원 2020.02.13 2018가합23425
손해배상(기)
Text

1. The Defendant: (a) against Plaintiff A, KRW 70,222,478; and (b) against Plaintiff B, KRW 68,722,478; and (c) against each of the said money, from January 20, 2018 to January 20, 2020.

Reasons

1. Basic facts

A. The Defendant is a person operating an E Hospital, a mental medical institution located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant hospital”), and the Plaintiffs are the parents of the deceased on January 20, 2018 (hereinafter “the deceased”), who died on January 20, 2018, while hospitalized in the instant hospital, and the Deceased did not have a spouse or child at the time of the death.

B. On January 19, 2018, the Plaintiffs applied for the hospitalization of the Deceased at the instant hospital pursuant to Article 43(1) of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients as the legal guardian of a mentally ill person. A psychiatrist of the instant hospital diagnosed that the Deceased suffers from a mental illness that may undergo hospital treatment, such as the mixed uneasiness, depression disorder, and alcohol dependence, and that the hospital’s health, safety, and risk of harm to other people is necessary to be hospitalized. For the accurate diagnosis of the symptoms, the Plaintiffs hospitalized the Deceased at the instant hospital pursuant to Article 43(3) of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients.

C. At around 06:20 on January 20, 2018, the Deceased requested H to provide one cigarette to “I am out on the rooftop,” and opened a steel door installed in a place where ventilation facilities used in the first floor restaurant of the instant hospital were installed at the instant hospital with a height of the 7th floor after having received tobacco from H, going off to the middle floor of the hospital, and going off the rooftop for about 10 minutes, and then died after having opened a steel door installed in the place where the ventilation facilities were installed in the first floor restaurant of the instant hospital with a height of the 113cm from the rooftop floor, and after having entered the steel door installed at the seat of the instant hospital with a height of 50cm in width located at a height of 113cm from the rooftop floor and 46cm in length.

(hereinafter referred to as the "accident of this case"). / [Grounds for recognition] Gap's 1, 7, 8, 10, 12, Eul's 1, Eul's 3 video and the purport of the whole pleadings

2. Prior to the occurrence of liability for damages and limitation of liability.

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