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(영문) 의정부지방법원 고양지원 2018.05.02 2017가단89892
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. On July 29, 2013, G of the underlying facts (hereinafter “the deceased”) was diagnosed with dementia and received medical care at home on April 27, 2016. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered H medical care center (hereinafter “instant medical care center”) and received medical care. On June 24, 2016: (a) removed a safety part installed on the window in a way that cannot be known from the five floors of the instant medical care center by removing the window and died of a emeric brain damage caused by emeric emerculation by removing the window from the emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric

(hereinafter “the instant accident”). The Plaintiff A’s wife, the rest of the Plaintiffs are the deceased’s children, and the Defendant E is the representative director of the Defendant Company, and the Defendant F is the director of the Medical Care Center.

[Evidence] Facts without dispute, Gap 1 (including provisional number), 2, and 3; the purport of the whole pleadings

2. Determination:

A. The plaintiffs asserted that the Defendants, who run a medical care center, shall meet the operational standards and facility standards of medical care facilities for the elderly in order to protect the safety and body of the aged hospitalized at the medical care center. In particular, despite the occupational duty to take appropriate safety measures for the deceased who has already been performed to dismantle the safety and body of windows, they failed to take any measures until the deceased complained of two times of their activities within the medical care center, and went back to their own room, and went back to their own room, thereby resulting in the death of the deceased. Accordingly, the Defendant Company asserted that the Defendants are liable for damages due to nonperformance and illegal acts, the remaining Defendants are liable for damages due to illegal acts, and funeral expenses and consolation money.

B. The instant medical care center shall meet the operating standards and facility standards for medical care facilities for the medical care facility in determining the deficiencies of facility standards.

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