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(영문) 의정부지방법원 2018.10.30 2017가단21855
손해배상
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) The Defendant is operating a convalescent hospital under the trade name of “F Hospital” in the building in the Guluri City.

B. On September 1, 2016, the Defendant entered into an agreement with Nonparty H providing G job placement services and arranged the nursing worker I.

B. (i) During hospitalization in K of the above long-term care hospital, the Network J (BJ of November 1927) received bathing services from the above nursing worker on May 19, 2017 and moved wheel chairs to the sick room after being hospitalized in the above long-term care hospital K, and around 10:30 a.m. on May 19, 2017.

Doshe had a bridge of the deceased, when he/she was transferred to her as she became aware of the deceased, he/she faced with the her bed.

Consolidatedly, the Deceased was diagnosed from the fourth floor of the same building to the right side by the diagnosis, and immediately transferred to L Hospital, and was hospitalized until June 16, 2017.

C. (i) On June 16, 2017, the Deceased discharged from the foregoing L Hospital and re-hospitalized the Defendant’s Management Hospital.

Things, however, the Deceased died in the heart color on July 6, 2017.

The plaintiff is the deceased's children.

【Evidence A】 Evidence Nos. 1, 2, 3, 4, and 1, 2, 4, and 5

2. The assertion;

A. The defendant concluded a medical treatment contract concluded with the deceased on the part of the deceased and, furthermore, had a nursing person assist in nursing as a medical person who directs and supervises the nurse, and the defendant is liable for damages caused by default on the medical treatment contract and illegal acts (the employer's responsibility against the sick).

Plaintiff

The compensation of the sum of the 3,092,910 won for medical treatment in La hospital and the defendant hospital, the 2,560,000 won for nursing expenses, and the 80,000,000 won for consolation money.

B. The Defendant’s nursing contract is merely between the patient and the individual nursing staff, and the Defendant is not between the individual nursing staff and the individual nursing staff, and the nursing staff is neither the medical staff nor the employee of the Defendant hospital.

Therefore, the defendant cannot be held liable for the negligence of nursing.

In addition, the cause of death of the deceased is a direct death, "Seutical color" and a direct deather.

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