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(영문) 서울남부지방법원 2015.06.11 2014가단24550
손해배상(기)
Text

1. The defendant shall pay to the plaintiff A KRW 2,232,142, and KRW 1,821,427 for each of the plaintiff B and C, and KRW 3,875,00 for the plaintiff D, and the plaintiff E and F.

Reasons

1. Basic facts

A. The Defendant is a person operating the I Medical Care Center located in Sih Sinsi (hereinafter “the instant medical care center”), and the deceased J (hereinafter “the deceased”) is a deceased on February 9, 2014 due to the following accidents that occurred at the Medical Care Center. The Plaintiff A’s spouse, Plaintiff B, and C as the deceased’s children, Plaintiff A’s external grandchildren, Plaintiff D as the deceased’s children as the deceased’s children, the deceased’s grandchildren, Plaintiff B, and Plaintiff F, as the deceased’s children as the head of Sinsi, the deceased’s children as the deceased’s children. Plaintiff D is the deceased’s grandchildren, Plaintiff E, the deceased’s children, and Plaintiff F’s remainder.

B. On July 31, 2009, the Deceased was recognized as Grade 2 of long-term care from the National Health Insurance Corporation due to the decline in recognition function due to dementia, etc., and was admitted to the Medical Care Center on August 31, 2013 to the instant medical care center to lead a life for medical care.

C. On December 26, 2013, on the fourth floor of the instant medical center, the Deceased was hospitalized in the instant hospital after a medical doctor’s report was sent back to a nearby M Hospital by the 119 rescue team, and the engine insertion and cardiopulmonary resuscitation was performed. After being treated as a low oxygen cerebral brain damage, the Deceased was treated as a direct cause of dementia, respiratory pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 6, 9 through 12 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts of recognition of liability, the employees of the instant medical center established to provide services, such as support for physical and household activities or nursing, to older persons who have difficulty in living alone due to old age or elderly disease, etc., have the duty of protection or duty of care to prevent safety accidents of elderly inmates with poor recognition function or inconvenience.

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