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서울남부지방법원 2019.09.05 2016가단225227

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.


1. Basic facts

A. From April 29, 2013, Plaintiff A was admitted to the “G” Medical Care Center operated by the Defendant (hereinafter “Defendant Medical Care Center”) and was discharged from Defendant Medical Care Center (hereinafter “Defendant Medical Care Center”) on November 13, 2015.

(hereinafter “instant accident”). (b)


around 09:00 on November 13, 2015, Plaintiff B, the south of A, was contacted by the Defendant Medical Center that the instant accident occurred, and was escorted Plaintiff B to H hospital around 09:30 on the same day.

C. On November 13, 2015, Plaintiff A was diagnosed at H Hospital as a saves saves saves saves saves saves saves saves saves saves (hereinafter “instant injury”). On the 18th day of the same month, Plaintiff A received saves saves and saves saves saves (hereinafter “instant surgery”) and was hospitalized at H Hospital until December 23 of the


A was hospitalized in the I convalescent Hospital from December 23, 2015 to February 12, 2016, and was discharged on February 12, 2016 from the Defendant Medical Care Center on December 23, 2015.

E. Plaintiffs B, C, D, and E are children of Plaintiff A.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 6, 10, Eul evidence No. 6 (including each number), the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. The plaintiff A had a duty of care to prevent the occurrence of accidents, such as installation of an anti-slicking device on the floor or installation of shocking facilities or adjustment of shocking height, and the employees of the defendant medical care center are obliged to safely protect and supervise the plaintiff A admitted to the medical care center, inasmuch as such accidents are ordinarily likely to occur in the elderly medical care center.