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(영문) 수원지방법원안산지원 2020.07.08 2018가단50508
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The defendant is operating the E-Medical Care Center where elderly patients with physical or mental disability are admitted to Ansan-si Group D and live for medical care.

A, at around 10:35 on December 4, 2017, who had been living under medical care at the E-Medical Care Center, suffered injuries, such as blood transfusion, internal and internal organs, ties and ties, ties, etc., from F, who had been living under medical care at the E-Medical Care Center, due to drinking face from F, who had been living under medical care at the E-Medical Care Center.

(hereinafter referred to as “instant accident”). A received a fladying surgery on December 5, 2017 due to the instant accident, and received approximately 10 days of surgery thereafter.

A filed the instant lawsuit on January 12, 2018, and died on July 15, 2019 (hereinafter “the deceased”), and the Plaintiff, one of the co-inheritors of the deceased, took over the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap 2, 3, 4, 11, 13, 14, 15, 16 (including each number of branches if any), the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant, who is the operator of the Plaintiff’s asserted medical center, is obligated to protect and supervise inmates by placing adequate management personnel so that the patients admitted to the medical center do not cause any safety accident, such as attacking other persons on their own, causing bodily harm, etc.

The Deceased, due to the instant accident, has reached a real name that cannot see the left side, and suffered losses that cannot be returned well.

The defendant is jointly and severally liable with F for the damage suffered by the deceased as a tort who neglected the duty of protection and supervision.

As consolation money, 20,000 won is claimed in consideration of the fact that the deceased was born in 1934, but his physical activity was relatively old, and that the real name of one eye constitutes a permanent obstacle, and that the accident of this case occurred due to one’s assault and assault.

B. Comprehensively taking into account the following circumstances acknowledged by adding the overall purport of the pleadings to the statements in subparagraphs B-1, B-2, 6, and 7 of this paragraph:

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