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(영문) 서울남부지방법원 2020.07.28 2019가합108658
손해배상(의)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the sole heir as the mother of the deceased C (hereinafter “the deceased”).

The defendant is operating the "E Hospital" (hereinafter referred to as the "Defendant Hospital") on the fourth, fifth, and seventh floor of the building D in Ansan-gu, Ansan-si.

B. The Defendant hospital operates the 7th floor (the main office, the outer office, the open ward, and the closed ward) and the 5th and 7th floor (the closing ward) among the buildings. In the case of the closed ward, the Defendant hospital is equipped with a correction device to prevent patients from using the stairs room and the elevator. The 4th floor is open ward, and it does not have a stairs room and the elevator correction device, thereby going up to the 7th and the rooftop through the stairs.

C. On October 2, 2017, the Deceased was hospitalized in the Defendant Hospital and received treatment, due to the euthanasia, etc. on October 2, 2017, and discharged on November 20, 2017, and thereafter, the status re-hospitalized in the Defendant Hospital Opening Hospital on December 24, 2017.

On January 2, 2018, the Deceased died from the window of the 7th floor of the Defendant Hospital on January 2, 2018 while receiving treatment at the Defendant Hospital. On January 3, 2018, around 11:05, the building behind the Defendant Hospital and the 1st floor building (warehouse) of the building following the Defendant Hospital were discovered after the death.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 8, 9, Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) or video, and the purport of the whole pleadings

2. The parties' assertion

A. The name of the Plaintiff 1’s sick person is highly likely to attempt suicide due to early injury. The Defendant has a duty to protect patients in accordance with the good faith principle under the hospitalization contract, a duty to continuously look at patients at the patient as close as well as a duty to install suicide prevention facilities, etc. Thus, the Deceased’s rest room, window, rooftop, etc. used by the Deceased, and a observation camera, etc. should be installed to observe the patients, and the Deceased has to continuously and carefully look at the conditions of the Deceased’s disease as close as possible. However, in violation of the principle of good faith, the Defendant has already violated this.

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