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부산지방법원서부지원 2019.07.25 2017가합102063

1. All of the plaintiffs' claims are dismissed.

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


1. Basic facts

A. The parties concerned are medical corporations that operate the E Hospital located in Busan District D (hereinafter “Defendant Hospital”).


A (F) From August 2013 to February 2017, A (F) is a patient who was hospitalized in the mental health department of the Defendant hospital due to the dependence on alcohol use, alcohol dementia, high blood pressure, etc., and Plaintiff B is the wife of Plaintiff A.

B. At around 15:00 on January 24, 2017, Plaintiff A was going back from the stairs to enter the rooftop room of the Defendant Hospital. As a result, Plaintiff A suffered two strings of the two 4-5cms in the Yar form, and got out of the body in the Yar form, and lost the spirit (hereinafter “instant accident”).

2) At the time of the instant accident, Plaintiff A was hospitalized in a closed ward where free access to the outside is obstructed at the time of the instant accident, and the rooftop resting room is a space where patients in the closed ward are able to take rest in the outside air while staying outside the air.

C. (1) After the occurrence of the instant accident, Plaintiff A was transferred to G hospital on the day of the instant accident, and received two sponsion surgery, and was returned to Defendant hospital on the same day. (2) Plaintiff A continuously complained of two sponss, lessons, drop in recognition, sponsing of the personal position, etc., and eventually, Plaintiff A was transferred from Defendant Hospital to H convalescent hospital on February 8, 2017.


As a result of the physical examination against A, the Plaintiff 1 suffered symptoms, such as alcohol dependence, alcohol-related dementia, high blood pressure, and cerebral fever, etc., and the Plaintiff 1 suffered significant damage to the intellectual ability in all cognitive functions, such as language ability, memory, and the ability of care, is considerably low, and it is difficult to independently perform daily life due to physical examination of the Head of Busan National University Hospital. 2) According to the result of the court's physical examination of the Head of Busan National University Hospital, the Plaintiff 1 suffers from symptoms, such as the fluence, alcohol disorder, high blood pressure, and cerebrusa, etc.