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(영문) 대전지방법원 2017.06.01 2014가단220061
손해배상(의)
Text

1. The Defendant: KRW 5,00,000 for Plaintiff A; KRW 10,631,361 for Plaintiff B; KRW 1,000,00 for Plaintiff C, D, and E; and each of the above.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Plaintiff A received an surgery on cerebrovascular and thereafter received the surgery on July 24, 2013, the Daejeon Metropolitan City Specialized Elderly Hospital for the Aged 1 operated by the Defendant (hereinafter “Defendant Hospital”).

(2) The plaintiff A was hospitalized in the defendant hospital. (2) The plaintiff A had a pipe for securing a t-bebe (which provides food to the plaintiff as above) and T-Bbe (which is installed in the part of the plaintiff hospital). The above tebs must protect the patient from being deprived of his knife as the patient can have his knifely deducted from the patient's knife's knife in his knife and knife the patient could not be subtracted from the tebb.

3) However, on February 13, 2014, the nursing staff employed by the Defendant Hospital did not fix the Plaintiff’s hand to the finger control unit, and the Plaintiff A removed L-Bbe and T-Bbe on the same day, and the Plaintiff A was found in an unidentified state around 19:09 on the same day (hereinafter “instant accident”).

(4) Plaintiff B’s spouse, Plaintiff C, D, and E are children of Plaintiff A, respectively.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, and 7, the result of the request to the President of the Korean Medical Association for the examination of medical records, the purport of the whole pleadings

B. According to the above fact of recognition of liability, the Plaintiff’s nursing service provider was negligent in causing the instant accident by failing to fulfill his/her duty to care to prevent the patient from removing the tubes by fixing the hand as he/she did so, and the Defendant, as a nursing service provider, is liable to compensate the damages suffered by the Plaintiffs due to the instant accident.

(c) The Plaintiff A was negligent in removing the body on its own, and the examination of the record of medical treatment is deemed to have caused the present symptoms of military register by the instant accident, but this completion is deemed to have occurred due to the cerebrovascular in one year prior to the occurrence of the accident, and there was a symptoms of the fluence in the language.

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