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(영문) 서울동부지방법원 2019.08.27 2018가단141023
손해배상(기)
Text

The plaintiffs' lawsuits against the defendant E are dismissed.

Defendant D’s 2,00,000 won for Plaintiff C and 1,000 each for Plaintiff A and B.

Reasons

1.The following facts of recognition do not conflict between the parties, or may be admitted on each entry and image of evidence A A 1 to 11 plus the whole purport of the pleadings:

Plaintiff

A on June 13, 2018, the Plaintiff C gave birth and was hospitalized in Defendant E’s G postnatal care center (hereinafter “instant cooking center”) with three floors of the F building in the Seo-gu, Seo-gu, Seoan-gu, Yan-gu.

나. 원고 A은 2018. 6. 22. 22:00경 급한 일로 외출을 하게 되었고, 이 사건 조리원에서 간호사로 근무하는 피고 D은 신생아실 침대에 누워 있던 원고 C이 계속 울고 보챈다는 이유로 입에 소위 공갈젖꼭지를 물린 다음 손수건으로 위 공갈젖꼭지를 감싸 목 뒤로 묶어 고정시킨 채 방치하였다.

C. The Plaintiffs filed a criminal complaint against the Defendants, and Defendant D was indicted for violating the Child Welfare Act (child abuse) and was convicted of a fine of KRW 5 million on March 15, 2019, and Defendant E was sentenced to a non-prosecution disposition of suspension of indictment.

2. The plaintiffs' assertion that Defendant D was liable to pay consolation money for physical and mental suffering suffered by the plaintiffs since they committed a tort of child abuse against the plaintiffs C, and the defendant E also is liable to compensate the plaintiffs for the damages caused by the tort of defendant D as an employer.

3. As to the claim against Defendant E

A. It is recognized that Plaintiff A, B, Defendant E, and H have written an agreement (hereinafter “instant agreement”) with the following terms and conditions on July 3, 2018 when adding the purport of the entire pleadings to the statement in No. 1 evidence No. 1.

Griwon and Agregrhegian agree as follows:

On June 22, 2018, Griwon would compensate for the thickness of a certain amount of a case that occurred during cooking.

(198만 원을 돌려드리기로 한다). 아기가 공갈젖꼭지 관련하여 발생하는 질환에 대하여(호흡기질환 포함) 24개월간 G조리원에서 책임지고 치료해드리기로 한다.

With respect to this case on the Internet.

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