2015Na38013 Compensation (as defined)

○ Kim

The Mapo-gu Seoul Mapo-gu 774 Mapolymar Mazo

1. Handicide ○

2. Newly operated ○

The defendants' addresses Daejeon Seo-gu Daejeon Mac-ro 94-ro

[Defendant-Appellant] Kim Jong-hee, Lee Dong-won, No.

Seoul Western District Court Decision 2014Da251429 Decided November 24, 2015

December 8, 2016

December 22, 2016

1. The plaintiff (appointed party) and the selection of the court of first instance that fall under the following amounts:

Self-Governing part of the loss of self-employed Kim shall be revoked.

2. The Defendants jointly and severally against the Plaintiff (designated parties) at KRW 3,00,00,00, and KRW 12,241,760 to the Selection Kim Jong-so.

Won and each of them shall be five percent per annum from March 28, 2014 to December 22, 2016, and five percent per annum from the following day:

The payment of 15% interest per annum from the date of full payment shall be made.

3. All remaining appeals filed by the Plaintiff (Appointed Party) and the Appointor Kim-young are dismissed.

4. The total cost of the lawsuit shall be two minutes, one-half of which is the Plaintiff (Appointed Party) and the Appointed Kim-○, and the remainder:

The Defendants are liable for each of them.

5. Paragraph 2 can be provisionally executed.

The judgment of the court of first instance is revoked. The Defendants jointly and severally shall be 27, 405, 830 won, and the Plaintiff (ship)

(E) 5,00,000 won for each party and each party thereto from March 28, 2014 to the rendering of a judgment in the trial.

shall pay 5% per annum, 15% per annum from the following day to the day of full payment.

D. (Selections Kim-○ and the Plaintiff (Appointeds) have reduced the damages for delay while filing an appeal.

1. Basic facts

A. Defendant Dok-○ is the Daejeon ○○○○, which is located on the 94-ro, Chungcheongnam-gu, Daejeon.

person welfare facility (hereinafter referred to as welfare facility of this case) is the installer of the welfare facility of this case, and defendant New ○ is the defendant

the head of the facility;

B. The Selection Kim-○ was diagnosed of Albuse-type dementia and on July 17, 2013, and was selected as a child (the Plaintiff’s child) (the Plaintiff’s child)

(1) The term of the contract between Defendant New ○ and Defendant New ○ as his guardian is from July 17, 2013 to 2013.

11. Conclusion of a contract for long-term care benefits to the end of 22.

C. (hereinafter referred to as "the plaintiffs when referring to the designated parties with Kim ○-o and the designated parties together).

(c) Appointors, Kim ○-si, on October 31, 2013: around 30 to 22: A member of the welfare facility for the aged in this case, around 40:

A caregiver shall be a bomb of ○○, and no center shall be centered in the process of moving from a resting room to a room.

On the high floor, an accident was caused by a seated on the floor. The Selection Kim Jong-soon on November 4, 2013 at the ○○ Line Hospital on November 4, 2013.

approximately 12 weeks of treatment, the upper part of the upper part of the pelpelle which requires treatment (the upper part of the pelle which is close to the upper part of the pelle);

Integratives (hereinafter referred to as the primary injury of this case) are diagnosed and hospitalized, and on November 7, 2013, the right-hand side of which is located.

Scandon (Section B between B and B) of the Republic of Korea is subject to the refluorization of the mission, and on December 10, 2013.

After discharge, they were admitted to the welfare facilities for the aged in this case on the same day.

D. On December 24, 2013, the Selection Kim-○○○○○, with respect to the first injury in the instant case.

Tter 7, 320,00 won and to agree not to raise any objection related thereto in the future.

was.

E. On January 31, 2014, a selected person Kim○-soon’s child Kim Il-soon visited the instant welfare facilities for the aged.

C. Findings that the Appointor Kim ○-si complained of the pains of the operation and the health conditions have deteriorated.

On February 3, 2014, ○○ Hospital visited her family members. The Appointor Kim Jong-so was operated on February 3, 2014 by a human mission saving operation at ○○ Hospital.

Diagnosis of the necessity of approximately 12 weeks of medical treatment that was abandoned by the father (hereinafter referred to as the second injury of this case)

C) A person was hospitalized at his/her own request and was hospitalized on February 6, 2014, subject to the refratization of the mission, which is a high right angle, and

On March 28, 2014, the discharge was made.

F. The sum of the purchase costs of the instant secondary injury, including 3,040,080, and medical auxiliary equipment, etc.

515, 750 won.

[Ground of Recognition] Unstrifed Facts, Gap evidence Nos. 1 through 10, 12 and 13, and Eul evidence No. 1 (A)

The purpose of the whole pleading, including lot number Nos.

2. The assertion and judgment

A. The Plaintiffs do not properly verify the health status of the Appointers Kim Il-young and leave the Defendants neglected to do so.

(1) The designated person Kim-○, due to a default or tort that has not taken appropriate measures

The Defendants asserted that the second injury was inflicted on the Defendant, and that the Appointed Kim ○ was inflicted on the Defendants

Posive damages 17, 405, 830 won ( = Medical expenses 3,040, 080 won + 3,850 nursing expenses, 000 won + Purchase of medical aids

Non-515, 750 won + future nursing expenses of 10,00,00 won) and 27,405,830 won in total, including 10,00,000 won, and 00 won in total.

= 17,405, 830 won + 10,00,00 won); Plaintiff (Appointed Party) shall pay consolation money in 5,000,00 won; and

level shall be sought respectively.

Therefore, the statement No. 12 and No. 19 are incorporated into the whole purport of the pleading.

The following circumstances, i.e., the Selection Kim ○, the primary injury of this case, shall be the right-hand senior

After an inception was carried out on January 2014, 2014, there was no more than anything in the course of the operation department at the beginning.

In the case of a patient who has carried out a fluoral of a high-ranking mission, the suspension of the human mission can be re-exploited.

However, in the case of appeal by a patient, it is necessary to change the bridge operated in appearance and reduce it.

If the person becomes aware of the escape of India, or if the person is given immediate treatment after the escape of the person’s mission occurred.

A relatively simple correction can be made through the method of Do correction clothes, and in such case, approximately two weeks within the limit of two weeks.

Although it is possible to lead a daily life at a regular time, if the Gu delays due to the occurrence of the Gu, the blood ties shall be determined.

An elderly person when he/she performs a shot surgery and additionally implements a stove stove stoves of human mission;

In the case of patients, the possibility of related mergers, such as the lack of walking, etc., is high, and the number of the Appointors Kim ○

The Appointor Kim ○-soon's children Kim Jong-so, who complained of the pain of the alcoholic beverage and is doubtful of the escape, etc.

In full view of the fact that this case’s second injury was diagnosed and performed, the fact that this case’s second injury was conducted;

physical condition of senior citizens, etc. who are unable to live alone due to elderly or elderly diseases, etc.;

Welfare facilities of this case established for the purpose of supporting household activities or providing services, such as nursing;

The employees shall be responsible for an accident of elderly inmates who have deteriorated their knowledge functions or have difficulty in living.

The first award of this case is the duty to protect or exercise the duty to protect, and the Appointer Kim Jong-so has the duty to protect or exercise the duty to protect.

For this reason, the process is more careful since it has been implemented by the mission Section 1, the right-hand high-ranking.

In spite of the fact that it must observe and rehabilitation, it is necessary to neglect to do so, and thereby neglecting the performance of the mission.

It is left alone without immediately discovering it, and eventually, the selected person Kim ○-soon to the right-hand higher-hand mission.

It seems that it has reached a difficult condition to receive a dysia and to make a voluntary daily life.

Therefore, the defendants operating welfare facilities of this case jointly and severally to the plaintiffs of this case.

shall be liable for damages caused by injury.

B. The Defendants: (a) the amount agreed by the Plaintiffs regarding the Defendants and the primary injury of the instant case; or (b) the amount agreed upon by the Plaintiffs;

Taking into account the predictability of the second injury, the effect of the agreement is to substitute the second injury of this case.

I asserts that this would affect the first injury of the plaintiffs as the cause of the claim of this case.

Since then, due to the Defendants’ breach or negligence, the designated Kim Il-young is on the right-hand.

Taking into account that it is seeking compensation for damages in respect of a person’s mission’s cryptive action;

The effect of the agreement due to the primary injury of this case naturally extends to the second injury of this case.

The defendants' above assertion is without merit, and there is no other evidence to acknowledge it.

(c) Scope of damages;

1) Recognized parts

○ Wang medical expenses: 3,040,080 won

○ Costs of purchasing medical aids, etc.: 515,750 won

○ The opening costs during the hospitalization period due to the second injury: the age, injury, and injury of the Appointor Kim ○;

Recognition of nursing expenses 3, 850, 000 won for the period of hospitalization in consideration of the above and degree, etc.

2) Limit of liability: The Appointor Kim ○, an old age, has already undergone an operation due to the primary injury.

As such, he/she must pay attention to prevent another injury on his/her own, and he/she is a child.

J. (Appointeds) In addition, only the Defendants are responsible for the health status of such appointeds Kim ○-o.

The damage caused by the wind, which is neglected even though it should have been done with a more detailed and detailed care;

In consideration of the contribution to the occurrence and expansion, the responsibility of the Defendants is limited to 80%.

3) Calculation: 4, 241, 760 won = 749, 160 won = (in 11, 455, 215 x 80%) - 8, 415, 012 won) +

3, 492, and 600 won [ = (per 515, 750 won + 3, 850, 00 won) x 80%]

4) Consolation money: The background of the second injury of this case, the age of Appointers Kim ○, and the part of the injury.

In consideration of all the circumstances revealed in the arguments of this case, such as progress and degree of negligence of the plaintiffs, etc.

The amount of KRW 8,00,000, and KRW 3,000, and KRW 00,000 for plaintiffs (Appointeds)

【Ground for Recognition】 Each entry (including branch numbers) in Gap evidence Nos. 5 and 6, the purport of the whole pleading

5) Parts not recognized

○ Future Nursing Expenses: After the Selection Kim ○-si was hospitalized for the second injury of this case, the first injury was received.

Recognizing that continuous openings are required and required and that 10 million won is required at its expense.

Since there is no string, the claim for future nursing expenses should not be accepted.

D. Sub-committee

Thus, the defendants jointly and severally set up KRW 12, 241, 760 (the king treatment cost of KRW 749, 160)

+ Costs of purchasing medical assistive devices, king 3, 492, 600 won + 8,000,000 won for consolation money, and Plaintiff (designated party)

I) The Plaintiff as of the date of the occurrence of the second injury of 3,00,000 won and each of them, which was after the date of the second injury of this case.

From March 28, 2014, the Defendants’ existence or scope of the instant performance obligation is sought by the Defendants.

Until December 22, 2016, 2016, the date of adjudication of the trial court, which is deemed reasonable to dispute the civil law.

The Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from the following day to the day of full payment

There is an obligation to pay damages for delay at the rate of 15% per annum.

3. Conclusion

Thus, the plaintiffs' claim of this case against the defendants is justified within the scope of the above recognition.

Recognizing this, the remaining claims shall be dismissed for lack of reason, and the conclusion shall be partially different.

Of the judgment of the first instance court, the part against the plaintiffs equivalent to the above recognized money is unfair, and thus it is revoked.

The payment order shall be given to the Defendants, and the remaining appeals of the Plaintiff (designated Parties) and the Appointed Kim Il-young shall be filed.

Therefore, all of them are dismissed. It is so decided as per Disposition.

Judges Shin-ho

Judges Noh Jeong-man

Judges Song Jae-soo

A person shall be appointed.

1) comparative negligence set-off at KRW 11,455,215, including personal charges and the Corporation charges, and the cost borne by the National Health Insurance Corporation.

Only the balance obtained by preferentially deducting KRW 8,415,012 as insurance benefits may be claimed against the Defendants as damages for the medical expenses.