1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Liability for damages and occurrence of the right of indemnity;

A. In accordance with the National Health Insurance Act, the Plaintiff is an insurer of the health insurance that provides citizens with insurance benefits for the prevention, diagnosis, and rehabilitation of disease and injury, and for the death and for the improvement of health thereof. A is the insured of the health insurance conducted by the Plaintiff. The Defendant is a juristic person that operates the Ulsan National University Hospital. A was hospitalized in the Ulsan National University Hospital (Seoul National University Hospital) and was receiving treatment. On May 25, 2014, the Plaintiff suffered injury, such as the first floor, from among the 5th floor of the above hospital, where the slids located on the fifth floor of the hospital installed a window and was seated on a rail.

(3) From May 25, 2014 to January 7, 2015, A received treatment at the Ulsan National University Hospital from May 25, 2014 to January 7, 2015 due to the instant accident, and the Plaintiff paid the said medical care institution the remainder of KRW 16,892,406, excluding the principal’s charges, out of the total of KRW 19,897,620, as medical care benefits. [In the absence of any dispute over the grounds for recognition, Gap’s evidence 1 through 6, Eul’s evidence 1, and 2, or the purport of the entire pleadings, as a whole.

B. According to the above facts, the accident in this case occurred due to negligence in failing to prepare special equipment despite the patient's smooth shutting of the window that can be passed by adults, as an operator of closed-end ward who accommodates a mentally ill person who did not properly suppress the impulse and has no or weak ability to make a decision-making, and thus, the accident in this case occurred as a result of failure to install special equipment. Thus, the defendant is liable for damages, and the plaintiff is liable for compensation for damages for medical expenses for A pursuant to Article 58 (1) of the National Health Insurance Act by paying medical care benefits for treatment of A, and the defendant is liable for compensation for damages to the plaintiff. 2) Meanwhile, the defendant is liable for payment of compensation to the plaintiff, taking full account of the aforementioned evidence and the purport of the entire arguments.