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(영문) 서울북부지방법원 2016.11.18 2015가단23410
손해배상(기)
Text

1. The defendant shall pay 600,000 won to the plaintiff A, 400,000 won each to the plaintiff B, C, and D.

2. The plaintiffs' defendant.

Reasons

1. Facts of recognition;

A. On September 27, 2014, F entered into a contract for the service of “G medical care center” operated by the Defendant with the Defendant, and entered the said contract into the said medical care center on the same day.

(b) On October 26, 2014, F, under the care of a caregiver, was suffering from cutting the framework between the left-hand left-hand side and the left-hand side of the elevator in order to move the elevator of the third floor to a meal place.

(hereinafter “instant accident”). C.

F was hospitalized at H Hospital on October 27, 2014, and was hospitalized at the H Hospital, and was discharged from H Hospital on November 14, 2014, and re- admitted to the G Care Center.

The F was hospitalized in a H hospital on November 21, 2014 due to hyphitis, etc., but was discharged from H hospital on November 28, 2014 and admitted to the G Care Center on November 28, 2014, and then discharged from G Care Center on December 11, 2014, and hospitalized in the I Care Center on the same day.

E. On January 22, 2015, F was hospitalized in H Hospital due to the pulmonary infection and the influence in detail, and was discharged from H Hospital on January 28, 2015. In other words, on February 22, 2015, F was re-hospitalized in the Ivalescent Hospital, and died of a parosis in the said convalescent hospital.

F. Plaintiff A is F’s wife, and Plaintiff B, C, and D are F’s children.

[Reasons for Recognition] Facts without dispute, Gap 1 through 5, Eul 1 and 2 (including additional numbers), the purport of the whole pleadings

2. The defendant asserts that the lawsuit of this case by the plaintiffs is unlawful, since the F is not a testamentary gift that could not have been anticipated at the time of the above agreement, since the defendant paid the F a sum of KRW 5,000,000 as damages with respect to the accident of this case and gave up all rights related thereto in the future.

According to the statements in Eul 3, 4, and 6 (including virtual numbers), since "F and G Care Center on December 2, 2014" reached an agreement between F and G Care Center on 5,000,000 won for the damage suffered by F due to the accident in the instant case as damages compensation, it shall be exempted from all rights related thereto and shall raise a civil or criminal objection.

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