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(영문) 서울북부지방법원 2014.11.14 2014나20415
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On June 15, 2011, H (1) admitted to the Medical Care Center operated by the Defendant (hereinafter “Defendant Medical Care Center”). At the time, he/she was suffering from Alz-based dementia, Teinson’s disease, he/sheinson’s disease, he/shecinson’s disease, he/shecinson’s disease, beer disease, he/shecinology, and she was discharged from the Defendant Medical Care Center on May 5, 2012.

(2) From May 7, 2012, H was unable to walk without a mixed meal from April 24, 2012, and was unable to sit since April 29, 2012.

‘Along on May 23, 2012, ‘A' complaining of symptoms, was hospitalized in the North-gu Seoul Metropolitan Government Hospital, and was diagnosed by the pressure table 1 in the MaI test by the Seoul Medical Center in Seoul Special Metropolitan City.

(3) H died on December 20, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, testimony by J of the first instance trial witness, purport of whole pleadings

2. Although the Defendant, who operates the Plaintiffs’ asserted medical care center, neglected to perform the above duty of care to prevent the recipients from being free of care, and in violation of the facility standards prescribed by the Act on Long-Term Care Insurance for Older Persons, the Enforcement Decree of the Act, and the Enforcement Rule thereof, caused H to suffer a bruption by exceeding April 24, 2012. Ultimately, H died while receiving medical care for a brue.

Therefore, the defendant is obligated to pay the plaintiffs who paid the medical expenses and funeral expenses of H to the amount of KRW 7,580,000 each as damages (=property damage of KRW 3,580,000).

3. As to whether a judgment H was suffering from a wound while being admitted to the Defendant Medical Care Center, he/she began to appeal to the Defendant Medical Care Center for symptoms, such as the health room, the fact that H was unable to walk without a mixed meals from April 24, 2012 when he/she was admitted to the Defendant Medical Care Center. Ultimately, the fact that H was diagnosed on or around May 23, 2012 is the same as seen earlier, but according to the statement of evidence No. 3, the witness of the first instance court, the J and the purport of each testimony and pleading by the Defendant Medical Care Center.

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