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(영문) 서울중앙지방법원 2020.09.22 2018가단5139145
손해배상(의)
Text

1. As to Plaintiff F, the Defendant: (a) KRW 2,192,307; (b) KRW 1,161,538; and (c) each of the said money to Plaintiff A, B, C, D, and E.

Reasons

1. Basic facts

A. Nonparty H (hereinafter “the deceased”) was hospitalized in the I convalescent Hospital established and operated by the Defendant (hereinafter “Defendant Hospital”) on November 6, 2015, when hospitalized in the I convalescent Hospital established and operated by the Defendant (hereinafter “Defendant Hospital”), and was seated in the Non-Party H, around 09:33, in front of the Non-Party D’s six-story nurse’s office, and suffered from the injury of the right eyebrow 3.0m of the front eye.

(hereinafter referred to as the “accident in this case”). The side of the Defendant hospital was to seal the tear, and to conduct the X-ray test.

B. The Deceased did not break up until late November 8, 2015, which was after the mold. At around 13:40 on the same day, the Deceased measured the vitality of the Defendant Hospital’s medical team in the Defendant Hospital, by making a sound to the Deceased, while hiding down, around 13:40 on the same day.

(A) Around 13:45 of the same day on the same day as blood pressure 180/90m Hg, oxygen 58mHg, and the blood 84mg/dl. Around 13:45 of the same day, the duty of the Defendant Hospital confirmed that the deceased was mixed. Around 129, the Defendant Hospital sent a private first-aid vehicle to J Hospital and transferred the deceased at around 14:20 of the same day.

At the time, the assistant nurse of the defendant hospital was accompanied by the defendant hospital.

C. After the transfer, the Deceased died on October 22, 2016, where he/she was transferred to the K convalescent hospital on January 4, 2016 and was hospitalized therein.

Plaintiff

F is the deceased’s spouse, and the rest of the Plaintiffs are the deceased’s children.

【Ground for Recognition: Each entry in the Evidence Nos. 1 and 3, and the purport of the whole pleadings】

2. Determination

A. The plaintiffs' assertion is the employer of the defendant hospital's medical team, and as follows, the defendant is responsible for compensating the plaintiffs for damages (Funeral expenses, the deceased and the plaintiffs' own consolation money) caused by the mistake of the medical team of the defendant hospital.

While the Deceased suffers from dementia and pinson's disease at the same time, the Deceased neglected to use mixed wheelchairs without any particular safety measures despite the high risk of abortion accidents.

In spite of the fact that it should have taken head CT, etc. after the scam accident and carefully observed the activeness, this is a result of neglect.

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