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(영문) 수원지방법원 2016.12.06 2016가단11918
손해배상(기)
Text

1. The Defendants jointly share KRW 1,500,000 to Plaintiff A, KRW 655,440 to Plaintiff B, and KRW 500,00 to Plaintiff C, and each of them.

Reasons

1. Facts of recognition;

A. Defendant D is a doctor operating “G Council member” in the Gangnam-gu Seoul Metropolitan City F, Y, and Defendant E served as a guardian at the above hospital.

B. Defendant E received a summary order of KRW 5,000,000 from the Daejeon District Court’s Branch for the following criminal facts, and the said summary order was finalized as it is.

Defendant E is a person who has served as a guardian of “G Council member” in the Nam-gu Seoul Special Metropolitan City F.

Defendant E, at around 20:30 on December 7, 2014, at one of the above members' rooms, he was hospitalized in the name of disease, such as ADD (compact disorder) and scarcity, but Defendant E was forced to be out of the part of the Plaintiff, who was hospitalized in the name of disease, such as DaHD (compact disorder) and scarf, but the Plaintiff continued to refuse it and committed an excessive act, such as passing through sound.

In case of mental unstable and excessive behavior of a patient who is in a state of interest, the patient is highly likely to sustain an injury. Therefore, there is a duty of care to ensure that the patient will not be injured by stabilizing patients effectively and rapidly by mobilization of sufficient personnel.

Nevertheless, Defendant E neglected to control the Plaintiff alone without the assistance of other employees, and caused injury to the Plaintiff, such as the Plaintiff’s elbow part of the body of Defendant E in the process of taking the Plaintiff’s body strongly with Defendant E’s body, and Defendant E’s elbow part of the body, which requires approximately three weeks of treatment.

C. Plaintiff B is the father of Plaintiff A, and Plaintiff C is the mother of Plaintiff A.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. According to the occurrence of liability for damages and the fact of recognition of the limitation, Defendant E is liable for compensating the damages suffered by the Plaintiffs as a result of the tort committed against the Plaintiff due to his neglect of duty of care, and Defendant D is the employer of Defendant E.

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