(영문) 서울중앙지방법원 2007.2.6.선고 2005가합63165 판결

The defendant shall pay 10,00,000 won to the plaintiff 1, 753, 566, 373, and the plaintiff 2, 3, and 4 respectively, and the defendant shall pay 10,00 won to the plaintiff 1, respectively.

From November 11, 2004 to the service date of a copy of the complaint of this case, 5% per annum and full payment from the following day shall be made.

By the day, 20% interest per annum shall be paid.

Reasons

1. Basic facts

(a) A party relationship;

Plaintiff 1 was hospitalized in a hospital after he/she received brain diversology in the Defendant hospital.

in excess of the current status, and Plaintiff 2 is the father, Plaintiff 3, and Plaintiff 4 of Plaintiff 1.

1 Mono. 1

(b) Accidents;

(1) On July 4, 2004, Plaintiff 1 was diagnosed as a maternal disease at the Defendant Hospital and discharged after medical treatment.

In addition, on November 3, 2004, re-hospitalized for the treatment of cerebral cerebral dys, and on the 5th day of the same month;

was done by the Board of Governors.

(2) Plaintiff 1 et al. on November 11, 2004: around 30, 2004: Defendant hospital 9-story toilets (hereinafter the instant toilets)

D) Overwards from the above brain room and with the shock on the part of the above brain room laversing laversing laversing lavers; and

The occurrence of blood transfusion (hereinafter referred to as the "accident of this case") was discovered, and at the time of discovery, the above plaintiff was located in the toilet.

The head of the front floor was rhyd by rhyth and side on the ground, and head on the upper floor on the upper floor.

The flow of water has been asked for.

(3) The Defendant Hospital shall perform an emergency operation on Plaintiff 1, such as dystrophism and two dystrophism.

The plaintiff is now in a state of paralysis.

[Grounds for Recognition: Facts without dispute, Gap 1, Gap 4, Eul 17-7; the purport of the whole pleadings]

2. The parties' assertion

A. The plaintiffs' assertion

(1) The primary argument

(A) The Defendant Hospital shall perform the prevention and treatment works for toilets, sprinks, etc., and patients; and

Although it is necessary to attach a warning sign to prevent the depression, it is not implemented.

After cleaning the water, the floor shall be built and managed by making use of a string, and the string shall be from time to time.

In spite of the maintenance of the floor at all times, it is left alone as it is.

Pursuant to Article 758 of the Act, the plaintiffs' damages caused by defects in the installation or preservation of a structure shall be compensated for.

shall be liable.

(B) The defendant hospital is in danger of having a comprehensive obligation, such as nursing and protection, according to the hospitalization contract.

The plaintiffs' losses because they violated the duty of protection under the good faith principle because they did not protect patients.

shall be liable for any damage.

(2) Preliminary assertion

A nurse shall issue a notice to a patient in preparation for a risk of abortion or shall provide a sufficient explanation.

In spite of its duty, Plaintiff 1 did not perform this duty, and Plaintiff 1 was married to the toilet at the time of the instant accident.

I have neglected to report that the nurse is to fulfill his/her duty of care and protection for the nurse patients.

As the defendant hospital is negligent, the defendant hospital is related to the performance of duties by the nurse who is an employee as the employer.

The plaintiffs are liable to compensate for damages caused by negligence of neglecting the duty of care.

B. The defendant's assertion

(1) The Defendant Hospital had the toilet floor of this case 1 month prior to the occurrence of the instant accident.

b) Hospital facilities by removing the water of the toilet floor of this case from time to time;

The plaintiff 1 fulfilled his duty to take protective measures against the plaintiff 1, and the plaintiff 1 had his duty to take protective measures against the plaintiff 1 after the brain operation.

in excess of her/her own by reason of her/her her/her her/her her/her her/ her/her her/her/her her/

There is a very high possibility that it would have become possible.

(2) The nurses of the defendant hospital are sufficient to prevent the plaintiff 1's abortion to the plaintiff 1's guardian.

Medical service has been notified, and in the case of a general sick's room, unlike a middle patient's room which is managed 24 hours by a medical personnel.

The obligation to protect the medical person is limited to the limited extent of time of medical treatment, and the remaining time of medical treatment.

Since a guardian directly manages and protects a patient, the defendant hospital shall appear at the time of the accident.

No violation of the duty of care shall be committed.

3. Occurrence of liability for damages;

A. The ground why the plaintiff 1 caused the instant accident

Plaintiff 1, in the forepart of the toilets of this case, took place towards the ground the head of the toilet of this case

as seen earlier, the statements in Gap 8, 9, and 17-7 and the results of the on-site inspection in this Court

The plaintiff 1 was planned to discharge the plaintiff 1 due to the successful completion of the dysium - The above facts;

Even if it is based on the statement of the doctor and the neighbors who performed the operation, the above plaintiff was done after the operation.

Before the accident, the toilet was in his own possession before the accident, and at the time of the accident, the toilet at the time of the accident.

Other works installed on the floor shall be slicked in the form of a studio, string, with no particular iron on the surface;

The plaintiff 1 had a significant size compared to the prevention date, and the plaintiff 1 was the accident of this case.

It is true that this nurse did not separately refrain from doing so for the city itself, and that this case

사고 외에도 피고 병원에 다리 염증으로 입원해 있던 환자 ( ②⑨ ) 가 비교적 이른 시

Each person 07: Recognizing the fact that the toilet water source was slicked in excess of 00 and that there is a friendly statement

(1) If the plaintiff 1 cannot operate alone, the nurse can be operated in the first place.

The above plaintiff did not report that the plaintiff would go to mixed toilets, and the above plaintiff did not report that the plaintiff would go to mixed toilets.

Since the above location was front of the toilet screen, the accident of this case, although 05 : 30 :0

Even if work has occurred in time, if only two persons have used water before that time, they have left water on the floor.

It can be easily predicted that the Defendant had been discharged, and the remaining forces pointing out by the Defendant are space and time.

of this case, the plaintiff has lost its central role in determining its location.

It is irrelevant to the balanced sense that it comes to hold, and it was beyond due to the increase of parassis like the defendant's assertion.

In light of the general fact that it is beyond the future, Plaintiff 1’s toilet of this case

It seems to be due to the fact that the above plaintiff's situation was not good like the defendant's assertion.

It is more likely that it has been sleeped.

B. Whether the installation or preservation of a structure under Article 758 of the Civil Act is a defect

The defect in the installation and preservation of a structure under Article 758(1) of the Civil Act is a structure

means a state in which it does not have an ordinary safety in accordance with its purpose;

In determining whether such safety has been established, the installer and the keeper of the structure in question

Obligations to take protective measures to the extent generally required by social norms in proportion to the risk of a structure;

It shall be based on whether or not it has been done (Supreme Court Decision 97Da25118 delivered on January 23, 1998).

See Supreme Court Decision 201Da11488 delivered on May 2

Therefore, in order to prevent the Defendant Hospital from getting out of the toilet of this case, it is socially accepted.

It is a question whether the protection obligation is generally required.

Party A9, 19, 20, 21, 22, and 25, each of the statements, witness Dong, and △△△△, each of the testimonys at this Court

Results of on-site verification, as a result of the commission of appraisal by the Korea Testing and Research Institute of Materials in this Court (the plaintiff's results of appraisal)

The results of the appraisal at a lower level than that of the diversity prevention 1) and the results of the appraisal;

(1) Although it is difficult to believe that the above circumstances alone make it difficult to doubt the credibility of the appraisal results.

C) In full view of the purport of the entire pleadings, the cleaning service company of the Defendant hospital: 06:0 to 15:00.

In each floor of the branch hospital, two am workers shall be placed at any time, and cleaning shall be conducted at any time, and 13:0 to 22:00

Until the whole hospital has two workers in the p.m., and 21:0 to 05:0 00 :00 .

The fact that four workers at night are placed in the whole of the hospital and the defendant hospital is cleaning the whole of the hospital, and the defendant hospital is

In the case, at the time of the occurrence of the accident, the third floor on October 7, 2004, which had no function to prevent forum;

from April 8, 2002 to November 2005, the Defendant hospital included the amount to be prevented from spreading the surface; and from around April 8, 2002 to around November 2005.

23. (The day on which the examination of a witness was conducted on △△ Doz.) Execution of the work to prevent the slick up until the date on which the witness was examined;

In fact, the defendant hospital has the effect of preventing the anti-slock compared to the anti-slock before the slives after spreading the anti-slocks.

In fact that there is no scientific measurement, the Defendant Hospital at the time of the instant accident, and the Defendant Hospital at the time of the instant accident.

The floor has been installed with a special steering day, but it shall not be constructed for replacement of 3 to 9 floors.

The amount that can be treated within a relatively short period rather than the special stiffic, and the cost of which is so low that it can be prevented.

B. The defendant hospital, in addition to the accident of this case, the guardian of the patient(s)

On November 7, 2005, 08: there is a clear statement about 30: around 30 the shower room of the 9th floor, which is dissipated, and there is a nursing (xxxx▽▽▽▽).

On August 11, 2006, the floor above the 9th female toilets was cut off, and the left buckbucks are left.

The defendant hospital 9 around the time of the accident in this case, that he received hospitalized treatment due to Neek-mae-mae-mae-mae-mae-pa

층에서 생활하였던 간병인 ( ▷▷▷ ) 도 화장실 바닥이 미끄러워 조심해서 사용하였다고

(2) The defendant hospital shall be held responsible for the repair of the toilet floor in the recent period.

of this case, after collecting samples of this case two times, the fact that the toilet was replaced by other days for the prevention of dysle;

(1) The number of copies in paragraph (1) shall be the same as the result of the first sample measured, as the result of the second sample.

0. 48 (0. 52) In the dry state, 0. 44 (0. 47) in the dry state, 0. 0. 44 (0. 47) in the dry state, and a position that executes the anti-slock prevention work.

Then, 0. 64 (0. 64), 0. 60 (0. 61) in damp state, 0. 60 (0. 61), and slick prevention slocks

In a dry state, 0.480 . 52) and 0. 40 . 0 (0. 41) can be recognized in a dry state.

However, even if the toilet floor is frequently cleaned, there is always a certain degree of water.

and at any other night, a dry condition report considering that 4 persons clean the whole hospital.

the meaning of the stop and the stop of leaps is significant. Although the prevention work of leles is implemented, it shall be implemented.

14 months after the date of the accident, the date of the accident of this case can only be known.

Although it is not a material that can directly identify theme bid coefficient, it is not a material that can directly identify theme bid coefficient, it is conducted 14 months.

At the time of the occurrence of the accident, the M&C coefficient at the time of the accident is in danger, and the normal delivery of the accident at the time of the accident

The Defendant Hospital: (a) was suffering; (b) even after the instant accident, the toilet was in distress; and (c) the Defendant Hospital was in distress.

In light of the fact that the remodeling works had been replaced by the prevention of drums;

The incident appears to have been insufficient to take preventive measures at the time of the accident, and the rest of the toilet is normal.

In the case of a common accident, the hospital in which patients who are frequently fluenced are living.

As it is reasonable to apply more strict standards in the case of this case, the defendant hospital's accident of this case

The sole fact that the prevention work of anti-drums was carried out once is required under social norms.

It cannot be deemed that all protective measures were taken, and therefore, the toilet be installed and preserved on the toilet floor of this case

The defendant hospital has a duty to compensate for the plaintiffs' damages caused by the defect.

C. Limitation on liability

Plaintiff 1 had repeatedly undergone brain surgery before the instant accident, and he/she has repeatedly undergone brain dynasium surgery.

After that, since the accident of this case occurred within 6 days, the situation of Plaintiff 1 was the same as that of the normal person.

The plaintiff 1 did not have been able to file an appeal, and the plaintiff 1 et al. received the previous brain operation at the time of the instant accident.

The damage has been increased as it goes beyond, and the current status of Plaintiff 1 has become worse.

The floor of the toilet in this case in the defendant hospital is so serious that it is difficult to expect it easily;

The fact that the prevention of the anti-slock is conducted and the cleaning service company employees are engaged in cleaning at any time.

The books of the Defendant Hospital in consideration of the circumstances such as the fact that the Defendant Hospital was taking protective measures, etc.

It is reasonable to limit it to 30%.

4. Scope of damages)

A. The plaintiff 1's actual income

(1) Facts recognized and details of assessment

[Evidence] In the absence of dispute, physical reduction in relation to the head of an affiliated hospital of an Gyeonghee University at this Court

Results of commission;

(A) Gender and date of birth: on February 14, 1981, the male of the birth.

(B) Occupation, maximum working age, and income: volume of wage for an ordinary urban person, November 3, 2004, which is the date of the accident.)

income equivalent to urban ordinary wages for 22 days a month from February 14, 2041 to 60 years of age;

subsection (1) shall be deemed to have been filed.

Part II of the assessment sheet - Of the items for brain damage, 1X-B-4 of the heavy damage, it shall fall under either one of the following subparagraphs:

permanent loss of 75 per cent labor capacity, taking into account the certificate

(D) Name of lease: on March 30, 2006, the physical appraisal date; on July 31, 2020, the fourth day from March 30, 2006.

(E) Cost of living: The termination date of the maximum working age from August 1, 2020, following the expiration date of the life expectancy;

up to February 14, 2041 1/3 of revenues

(2) Calculation

(A) For one month from November 11, 2004 to December 31, 2004

52, 565 won x 22 days x 0.75 x 0.958 - 863, 679 won

(B) 8 months from January 1, 2005 to August 31, 2005

52, 585 won ¡¿ 22 days ¡¿ 0.75 ¡¿ (8173- - 9958 on August 8, 197) = 6,786, 344 won

53, 090 won 22 days x 0.75 x (0. 6344 - 9958) = 10, 195, 239 won

(D) 8 months from January 1, 2006 to August 31, 2006

55, 252 won x 22 days x 0.75 x (20. 093- - December 6344) = 6,798, 142 won

(E) 4 months from September 1, 2006 to December 31, 2006

56, 822 won x 22 days x 0.75 x (7347 - 20. 0913) = 3,415, 917 won

(f) 163 months from January 1, 2007 to July 31, 2020

57, 820 won x 22 days 】 0.75 】 (6168- - 7347 March 23, 138) = 109, 600, 969 won

(g) 246 months from August 1, 2020 to February 14, 2041.

57, 820 won x 0.75 】 (2404) - (6168. 6168) x 2/3 = 64, 481, 742 won

(h) Total amount: 202, 142,032

(b) Expenses for medical treatment;

8, 516, 090 won (entry A14) x 755) = 6,387,067 won

(1) Details and costs

(1) Medical examination receipt fees: (11,000 won/monthly) ¡¿ 12 months = 132,00 won/year.

(2) Physical therapy for preservation: (15,00 won/five times a week) ¡¿ 5 times x 52 weeks = 3,900,000 won/year.

(3) X-ray inspection fees: (9,000 won/year six times) x six times = 54,00 won/year.

(4) Brain inspection: (700, 000 won/year once) = 700, 000 won/year.

(5) Single-wave test: (150, 000 won/year four times) x four times = 600, 000 won/year.

(6) Blood test: (100,000 won/annual four times) ¡¿ 4 times = 400, 000 won/year.

(7) Recourseal testing: (10,000 won/monthly) x twice x 12 months = 240,000 won/one year.

(8) Equal testing: (50, 000 won/year four times) x four times = 200, 000 won/year.

(9) Brain test: (60,000 won/years twice) x twice = 120,00 won/year.

(1) Medication: (8,00 won/one day) ¡¿ 365 days = 2,920,000 won/one year.

(1) Reserve funds: (500,000 won/year once) = 500,00 won/one year.

B Total: 9, 766, 000 won / 1 year

(2) Calculation 6)

(9, 766, 000 won/12 months) x 0.75 x (6168- - 7347 on 138) = 70, 121, 161 won

(d) Expenses for assistive outfits;

(1) Details and costs

Replacement every five years = 140, 000 won per wheel chairs unit price: 700, 000 won/one year

(2) Calculation 7)

(140,000 won/12 months) x 0.75 x (6168- - 7347 March 138) x 1,005, 218 won

(e) Nursing expenses;

(1) The plaintiffs asserts that two adult females per day need to be opened. The court below's contests.

According to the result of physical examination entrusted to the director of the hospital affiliated with the medical school, the plaintiff 1 is an adult male.

It is necessary to open 12 to 16 hours a day to 12 hours a day, and the contents thereof shall be treated by the substitute, and

The Dong, the head of the Dong, the head of the Dong, the head of the meals, the head of the Dong, the head of the Dong, the head of the Dong, the head of the Dong, and the head

Adult women need continuous and professional management and protection 12 hours to 16 hours a day.

In addition to Plaintiff 1’s entry, the time is necessary while the above Plaintiff is shouldered.

At the time, one common person of city is a common person because it is judged that it is required to open for a day.

recognition of this section.

(2) Hasking expenses

(A) The Plaintiffs were king from the date of the instant accident to the date of the closing of the argument in this case.

8) In general, nursing for 24 hours in the event of being hospitalized in a middle patient room.

As the plaintiff 1 received treatment under the care of the deceased, a separate nurse cannot be deemed necessary, and the plaintiff 1

① From November 1, 2004 to December 23, 2004, the date of the instant accident, and from January 4, 2005 to December 20, 204

2. From March 7, 2005 to April 1, 2005, and 4 from July 8, 2005 to July 18, 2005:

(5) The fact that he/she was hospitalized in a middle patient room five times from September 2, 2006 to September 11, 2006 is hospitalized.

Since there is no dispute between the parties, the damages of the nursing expense cannot be recognized during this period.

Meanwhile, Plaintiff 1 during the period of January 9, 2007, which was the closing date of the argument of this case after the accident of this case.

Since the period of time in which a general sick's office was in progress, this period is considered to have been in progress.

the insured shall be recognized as damages to the nursing expense.

(b) Calculation;

(1) From November 11, 2004 to December 31, 2004

52, 565 won x 8 days x 0. 75 x 0. 958 - 314, 065 won

(2) From January 1, 2005 to August 31, 2005

Monthly Expenses for each day;

52, 585 won x 173 days (3 days + 23 days + 6 days + 29 days + 31 days + 30 days + 31 days) x (1/8 days)

Monthly) x 0. 75 - 852, 862 won

B. Total

852, 862 won ( August 8173 - 9958) = 6,670, 660 won

(3) From September 1, 2005 to December 31, 2005

Monthly Expenses for each day;

53,090 won x 365 days / 12 months x 0.75 = 1,211, 115 won

B. Total

1, 211, 115 won x ( December 6344 - August 8, 12) = 4,622, 947 won

(4) From January 1, 2006 to August 31, 2006

Monthly Expenses for each day;

55, 252 won x 365 days / 12 months x 0.75 = 1,260, 436 won

Total Q

1, 260, 436 Won x (20. 0913 - December 6344) = 9,398, 945 won

(5) From September 1, 2006 to December 31, 2006

Monthly Expenses for each day;

56, 822 won x 12 days (20 days + 31 days + 30 days + 31 days) x (1/4 months) x (1/4 months) x 75 won = 1,193, 262 won.

Total Q

1, 193, 262 won x (7347- - 20, 2013) = 4,347, 530 won

(6) From January 1, 2007 to January 9, 2007

57, 820 won ¡¿ 9 days ¡¿ 0.75 ¡¿ (6369- - 63347 on December 23, 24) = 352, 115 won

(7) Total amount: 25, 706, 262 won

(3) Calculation of future nursing expenses

From January 10, 2007 to July 31, 2020

(A) Monthly expenses: 57,820 won x 365 days x 12 months x 0.75 = 1, 319, 018 won / one month.

(B) Total amount: 1, 319, 018 won (6168 - 23, 23347) = 151, 531, 586 won

F. Limitation on liability

(1) The defendant's liability ratio: 30%

(2) Calculation

137, 067, 997 won = (202, 142, 032 won + 6, 387, 067 won + future values

The cost of transportation expense 70, 121, 161 + the cost of assistance equipment 1,05, 218, + the cost of assistance equipment 25, 706, 262 + future nursing

Non-151, 531, 586 won) x 30%

(g) Condolence money;

[Grounds for Recognition] The argument of this case, such as the background, result, plaintiffs' family relation, etc. of the accident of this case

Various circumstances in distress

(1) Plaintiff 1: 7,500,000

(2) Plaintiff 2: 2,250,000

(3) Plaintiffs 3, 4: each 750, 000 won

5. Conclusion

Defendant: 144, 567, 997 won (property damage 137, 067, 997 won + solatium 7, 500, 000,000

1) The consolation money of 2, 250, 00 won, Plaintiff 3, and 4 respectively, and the consolation money of 750, 000 won and each of the said money to Plaintiff 2.

As to B, from November 11, 2004, the date of the accident of this case, whether or not the Defendant’s duty to implement this case exists or commits a crime

Until February 6, 2007, the date of this decision, which is deemed reasonable to dispute above, the Civil Act until February 6, 2007.

The Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall apply to the five percent (5%) per annum under this Act and to the day of full payment from the next day to the full payment

There is a duty to pay 20% interest per annum.

The plaintiffs' claims are justified within the scope of each of the above recognition, and the remaining claims shall be accepted.

Therefore, it is dismissed.

Judges

Judges of the presiding judge;

Judges Choi Ki-won

Judges Cho Jae-ho

Note tin

(i) a kind of indicator of the degree of disredelivery of the floor surface. Suspension and completion inspection coefficient is not less than 0.8 persons (redeliverysafe);

0. From 60 to 0. 79 the safety (safe), 0. 50 to 0. 59 the relatively safe (safe), 0. 0 to 0. 40 to 0. 49 the risk (d) is the United States.

The Act on the Protection of Persons with Disabilities (ADA) and the Labor Safety Bureau (OSHA) under the Ministry of Labor require not less than 0.6 6 SCOF to take such a stop report coefficient (SCOF).

2) At the time of the occurrence of the instant accident, calculation shall be based on the discount method under which interim interest is deducted at the rate of 5/12 per month.

(c)the period shall be calculated on a monthly basis, and the sum of less than the last month and less than the sum of the amounts shall be discarded.

3) As at the time of the instant accident, Plaintiff 1 was hospitalized in the hospital, in principle, the starting point of counting lost income is the starting point of the instant accident.

The date of the accident in this case shall be the starting point for the accident in this case, as it is difficult to do so, but it is scheduled to discharge the same as the date of the accident.

the issue shall be taken into account as a reason for limiting liability.

4) The interim interest deduction period exceeds 414 months, and the realization rate of short-term pension on the monthly numerical value table exceeds 240, whichever is applicable.

If the present price is calculated by applying it as it is, it results in excessive compensation, so it is applied 240.

5) Part of the medical expenses, assistance equipment expenses, and nursing expenses is part of the cover expenses, and any part of the cover expenses is due to the instant accident.

It is difficult to clearly divide the division, or as requested by the plaintiffs, the amount equivalent to 75% per item.

Any amount due to an accident shall be deemed an amount.

6) Since there is no evidence that the above medical expenses were spent by the date of the closing of argument in the instant case, the next day of the date of the closing of argument in the instant case.

1. From October to July 31, 2020 to July 31, 2020, the above expenses shall be regarded as being disbursed on a monthly basis, and the course of the instant accident at the time of the instant accident.

of the corporation.

7) Since there is no evidence that the above medical expenses were spent by the date of the closing of argument in the instant case, the day following the date of the closing of argument in the instant case.

of the corporation.

8) The Plaintiffs, from the date of the instant accident to March 30, 2006, the physical appraisal date for Plaintiff 1, the date of the instant accident, shall be the opening cost of the king from March 30, 2006, and thereafter to the end.

Afterward payment of the opening cost, but the opening cost of the king shall be calculated until the date of closing the argument in this case.

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