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(영문) 서울서부지방법원 2017.12.06 2016가단260274
손해배상(기)
Text

1. The defendant,

A. The Plaintiff A’s KRW 25,00,000 and the annual rate of KRW 5% from September 22, 2014 to December 6, 2017; and

Reasons

1. Facts of recognition;

A. Under Article 34(1)1 of the Welfare of Older Persons Act, E-Medical Care Center located in Ansan-si (hereinafter “instant medical care center”) is a sanatorium for older persons, “a facility that provides meals, medical treatment, and other convenience necessary for daily life by committing older persons who need help due to a scarcity disease, such as dementia and paralysis, etc., with the aim of providing them with meals, medical treatment, and other convenience for daily life.” The Defendant is its founder and operator.

The Plaintiffs are children of the network F, who died at the instant medical care center on September 22, 2014.

B. On July 31, 2013, the deceased F (G) entered into a contract with the Defendant for the use of the instant medical care center (hereinafter “instant contract for the use of the instant facilities”) and entered into the instant medical care center around that time, when he/she was subject to pharmacologic treatment due to high blood pressure, the left-hand brain color, and the right paralysis due to pharmacologic.

Article 18(1) of the Act on the Use of Facilities of this case provides that the Defendant shall compensate for damages to the deceased F, if the deceased F, intentionally or by negligence, is injured or dies, or if the equipment or facilities management of the Bags of this case is poor and the deceased F, etc. is injured or died.

C. On September 20, 2014, H (I) admitted to the instant medical care center and was placed in a 101 room where the deceased F was located.

At the time, H suffered from dementia, but there are cases where dementia entails cognitive function disorder, and there is a fall in the ability of appraisal adjustment, and H has been suffering from the aggravation of dementia symptoms before entering the facility at night.

D. In other words, it was violently used to make abusive language to the spouse and make it difficult for the spouse to conduct appraisal.

On September 21, 2014, H, while intending to go to house, acts violently, such as breaking the entrance door and intending to see a person with a stick, etc. In order to prevent H’s violence, a caregiver of the instant medical care center, using a string auxiliary, H’s h’s h’s h’s h’s h’s h’s h’s h’s h’s hand

(e) on January 2, 2014

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