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(영문) 서울중앙지방법원 2013.12.05 2013가단5008857
손해배상(의)
Text

1. Defendants B and ELA Co., Ltd. are jointly and severally liable to the Plaintiff for damages insurance amounting to KRW 5,602,410 and the same on July 11, 2012.

Reasons

1. Basic facts

A. The status of the party (1) Defendant B is the operator of Gyeonggi-gu Gyeonggi-gun D (hereinafter “instant medical care center”) located under the Long-Term Care Insurance Act for Long-Term Care Insurance for the Aged.

(2) Defendant Mtsts Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Mtsts Fire”) is an insurer who entered into a business partnership comprehensive insurance contract (hereinafter “instant insurance contract”) with Defendant B on July 29, 201, under which the Defendant B and the insurance period from July 31, 2011 to July 31, 2013 is KRW 100 million for the medical care center of this case, the owner of facilities covered, the amount of compensation for management damage, and the amount of KRW 100 million per person per each person for the medical care center of this case where the subject matter is located, the facilities owned, used, or managed by the insured, and the facilities owned, used, or managed by the insured, and the amount of any unexpected accident arising from the performance of the duties associated with the use of such facilities, to compensate for any damage inflicted upon another person’s body or for legal liability due to damage to another person’s property.

(3) Defendant ELA damage insurance company (hereinafter “Defendant ELA”) is an insurer who entered into a contract for liability insurance with a long-term care institution specialized in long-term care (hereinafter “instant insurance contract”) with the Defendant B on July 21, 201 to July 20, 2012 with the insurance coverage period from July 21, 2011 to July 20, 2012. The insured is the instant medical care institution at the location of the subject-matter and compensates the insured for damages incurred while performing the main medical care during the insurance period within the limit of KRW 100 million per accident (hereinafter “instant second insurance contract”).

(4) The Plaintiff is the first male and female of the deceased E, who was suffering from a charnel wound between the left-hand son and the left-hand son while living in the instant medical center.

B. (1) On October 18, 201, the Deceased entered into a contract on the use of long-term care with the instant medical care center on the following day: (a) the Deceased suffered from urology, high blood pressure, etc., and due to the brain stroke and minor dementia symptoms; and (b) the Deceased entered into the instant medical care center on the same day.

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