1. Of the judgment of the court of first instance, the plaintiff A with respect to the preliminary claim amounting to the subsequent order for payment.

Facts of recognition

The defendant is a hospital established in Jung-gu, Seoul for the purpose of providing public health and medical services in 18-79. The plaintiff A received medical treatment from the defendant at the imposition of the defendant and was injured by exceeding the defendant's hospital building (hereinafter "the defendant hospital"), and the plaintiff B is the wife of the plaintiff A.

Plaintiff

A는 2013. 6. 28.경 피고의 피부과에서 발사마귀 제거를 위한 레이저 치료를 받고 나오던 중 피고 병원 2층 복도에서 바닥에 남아 있던 물기에 미끄러져 넘어지면서 병원 복도에 설치되어 있던 철제 의자에 좌측 무릎이 부딪치는 사고(이하 ‘이 사건 사고’라고 한다)를 당하여 이로 인하여 폐쇄성 무릎뼈의 골절 등의 상해(이하 ‘이 사건 상해’라고 한다)를 입었다.

Plaintiff

A immediately after the instant accident occurred, immediately after having been admitted to the Defendant’s emergency room, and was hospitalized in the Defendant Hospital for the surgery, and was hospitalized in the Defendant Hospital on July 1, 2013 after being hospitalized in the left knee kne, sporacing, and being hospitalized in the first time on July 12, 2013, and discharged on July 12, 2013, and thereafter, was hospitalized in the Defendant Hospital from May 11, 2014 to May 22, 2014 and from August 3, 2014 to September 17, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 11 (including Serial numbers; hereinafter the same shall apply) and the whole purport of pleadings, and defects in the installation and preservation of structures as referred to in Article 758(1) of the Civil Act, which caused the plaintiff's damage liability for determining the claim of the whole purport of pleadings, refer to the state in which structures do not have safety ordinarily required according to their use. In determining whether such safety has been met, the determination shall be based on whether the installer and custodian of the relevant structures fulfilled the duty of protective measures to the extent generally required by social norms in proportion to the danger of the relevant structures.

Supreme Court Decision 200 delivered on February 11, 200