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(영문) 수원지방법원 2020.10.28 2019가단568668
구상금
Text

1. The Defendants jointly share KRW 37,185,681 with respect to the Plaintiff and the period from September 24, 2019 to October 28, 2020.

Reasons

1. Facts of recognition;

A. On March 27, 2018, Nonparty C, as a student, was granted a five-class dementia among the long-term care rating for the elderly (a disability due to the reduction of the duration of detention, disability due to the reduction of the time space ability, and disability due to the reduction of daily life functions, and a serious degree of dementia due to the network or patience), was hospitalized in the F Care Center, which is a medical welfare facility for the elderly in the Guri-si E, for long-term care on the same day (hereinafter “the instant medical care center”).

B. Defendant A, as an operator and the president of the instant medical center, has a duty of care to manage and protect inmates in a way that they do not undergo safety accidents within the medical center, and in particular, Defendant A has a duty of care to prevent accidents by installing a blocking bar at the window so that patients do not fall from the window of the medical center.

Nevertheless, Defendant A did not install a cut-off bar at the window of the clinic. Accordingly, around March 29, 2018, Defendant A fell from the window to the outside of the window of the above clinic G on March 23:30, 2018, and fell into another house with a height of 3rd floors, and suffered injury, such as the frame of the mouth of the salley that was accompanied by a non-alley-alley.

(hereinafter referred to as the "accident of this case"). After the accident of this case, the above window was installed with a blocking.

C. Defendant B Co., Ltd. (hereinafter “Defendant B”) is an insurance company that entered into a welfare liability insurance contract with Defendant A for the instant medical care center.

C was entitled to national health insurance. However, due to the instant accident, C received medical treatment at H Hospital, etc. from March 30, 2018.

Article 44 (1) of the National Health Insurance Act is the National Health Insurance Act among the total medical care benefit costs of KRW 123,952,270 incurred in treating C’s injury caused by the instant accident.

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