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(영문) 수원지방법원성남지원 2019.04.02 2018가단229495
손해배상(기)
Text

1. The Defendants jointly and severally against the Plaintiff A, KRW 16,714,285, and KRW 10,142,857, respectively, and each of the said money.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 8:

Defendant D is an insurer who, while operating the instant medical care center as the president of the “H” medical care center located in Gwangju-si (hereinafter “instant medical care center”), is engaged in the overall management and supervision of the medical care center facilities and inmates; Defendant E is a person who serves as a caregiver at the medical care center in this case; Defendant F Co., Ltd. is an insurer who, on September 7, 2016, entered into a “welfare facility liability insurance contract” with Defendant D for the insurance period regarding the instant medical care center from September 8, 2016 to September 8, 2017.

B. On April 5, 2017, the Plaintiff A’s husband and the father of the Plaintiff B and C (hereinafter “the deceased”) suffered from dementia, the Plaintiff entered into a contract on the use of the instant medical care center with the Defendant D through the Plaintiff on April 5, 2017, and the Defendant E was in charge of the medical care of the Deceased.

C. At around 12:30 on July 5, 2017, the Deceased: (a) went to the stairs entrance of the medical care center of this case while her return to the third floor of the medical care center of this case; and (b) died of a neck damage, including the separation of 1 and 2 separates from the bones 1 and 12:55 on the same day.

(hereinafter referred to as “instant accident”) D.

At the time of the instant accident, Defendant E, a caregiver in charge of the Deceased, was in charge of other caregivers in the nursing room, and the stairs entrance to be corrected originally to prevent the fall accident, etc. was opened.

E. Defendant D was indicted by this Court for the crime of occupational death against the Deceased due to the instant accident, and was sentenced to a punishment of one year of suspended sentence in January 23, 2018, and the judgment became final and conclusive as it was, on January 23, 2018.

2. Determination as to the cause of the claim

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