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(영문) 서울중앙지방법원 2018.06.26 2018나21325
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay 29,950,000 won to each of the plaintiffs.

Reasons

1. Basic facts

A. The Defendant entered into a fire insurance contract, regardless of the inside of the amount of loss, where the E Medical Care Center (hereinafter “the instant medical care center”) and the owner (manager) are liable to compensate for the loss to another person due to an unexpected accident during the performance of its duties as a result of the use of the medical care center (hereinafter “the instant medical care center”) within KRW 100,000,000 (self-paid KRW 100,000).

B. The deceased C (hereinafter “the deceased”) was suffering from dementia, etc., but was admitted to the instant medical care center from August 18, 2015 and was receiving long-term care services.

At the time, the deceased was in the state that they should take wheel chairs and take wheel food, such as death, due to pedestrian disability.

C. At around November 14:20, 2016, the representative G of the instant medical care center and H provided the instant medical care center with a simple appearance, and left the site without maintaining the status of intake.

While the Deceased was influent rice, it was difficult for the Deceased to suffer from inconvenience in drinking rice, and the Medical Care Center of this case continued to provide the Deceased with drinking water, and then attempted first aid. The Deceased reported first aid to 119. On November 9, 2016, after being transferred to the EL General Hospital in the same day, the Deceased died due to foreign material closure.

(hereinafter “instant accident”). E.

The plaintiffs, who were their children due to the death of the deceased, inherited the deceased's property in proportion to one half of each.

F. On August 25, 2017, G and H were sentenced to a summary order of a fine (Article 2017 Gocheon District Court Branch Decision 2017 High Court Decision 201Da6682, and the crime of occupational negligence resulting in death) due to criminal facts that contributed to the death of the deceased, and the said summary order became final and conclusive.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence Nos. 1 through 5, Eul evidence Nos. 6 (including various numbers if there are each number) and images, and the purport of the whole pleadings.

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