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(영문) 서울동부지방법원 2020.08.28 2019가단139669
손해배상(기)
Text

1. The Defendant: KRW 13,00,000 for Plaintiff A, and KRW 9,00,00 for each of them to Plaintiff B, C, D, and E, and each of them on June 28, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiffs are children of the deceased G (H students, hereinafter “the deceased”).

B. The Defendant entered into a welfare facility liability insurance contract with the International Care Center (hereinafter “the Medical Care Center”) and the owner (manager) of the Medical Care Center for the purpose of the facility where the medical care center and the medical care center incurred loss to another person during the performance of their duties or where the medical care facility professional are liable for legal liability due to an accident in the course of performing their duties.

C. According to a contract for the provision of long-term care benefits (main and night protection) concluded by the Plaintiff A as his/her agent with the medical care center of this case, the Deceased used the instant medical care center from February 2019 to July 30, 201.

On the other hand, on January 30, 2019, the Deceased received first aid on the part of drinking rice, which was closed, and the Plaintiff A requested the Director of the Medical Care Center to provide the meals of the Deceased as a meal, around March 11, 2019.

마. 망인은 2019. 6. 28. 오전 11:55경 이 사건 요양원이 제공한 점심식사로 잡곡밥, 순두부국, 소불고기, 오뎅볶음, 청경채무침, 배추김치를 섭취하다가 음식물이 기도에 걸려 불편해 하였다.

Accordingly, the caregiver of this case had the deceased drink water, and continued to attempt first aid, and the deceased reported the first aid in 119 and died at K Hospital after the deceased transferred the material to J Hospital on the same day.

(f) The death of the deceased inherited the deceased’s property in proportion to 1/5, respectively, and the Plaintiff A required KRW 5 million for funeral expenses.

[Ground of Recognition] Facts without dispute, Gap evidence 1 through 7, 9, 10, 14, Eul evidence 5 and 7

2. Determination

A. According to the above fact of recognition of the occurrence of liability for damages, the Plaintiff A closes the machine by food prior to the instant accident.

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