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(영문) 대구지방법원서부지원 2016.11.10 2015가단33698
손해배상(기)
Text

1. The Defendant: (a) KRW 6,500,00 for Plaintiff B; (b) KRW 4,166,66 for each of the Plaintiff C, Plaintiff D, and Plaintiff F; and (c) for each of them.

Reasons

1. Basic facts

A. At around 15:00 on May 10, 2014, the deceased (hereinafter referred to as “the deceased”) suffered three to four degrees of images on the trop and right side of each of the two to five degrees of 3 degrees in the process of taking a legary bath by putting the hot water in three numbers from a caregiver belonging to the H Welfare Center, a visiting care institution, in the Daegu-gu G Apartment, 108 Dong 1107, a visiting care institution, at the location of the deceased.

(hereinafter “instant accident”). (b)

Since May 17, 2014 after the instant accident, the Deceased was receiving video treatment from around May 17, 2014, but the state of the deceased was not improved, and undergone an operation to cut the left-hand 4,5th of August 27, 2014. On November 13, 2014, the Deceased undergone a cutting operation to the left-hand knee-cule-cule-cule-culed. As a result, the rate of loss of labor ability is 40%, and the degree of contribution to the king caused by the Deceased’s urology is 30%.

C. After the filing of the instant lawsuit, the Deceased died on June 28, 2015, which was the deceased’s wife, and the inheritor is the rest of the Plaintiffs, who are the Plaintiff B and their offspring.

The defendant is an insurer who has concluded a H Welfare Center and a medical care institution professional liability insurance.

[Reasons for Recognition] The absence of dispute, Gap evidence Nos. 1 through 5, the result of the commission of physical examination to the president of the Ganbuk University Hospital in this Court, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Comprehensively taking account of the overall purport of the arguments by the evidence as seen above, inasmuch as an accident of this case occurred in violation of the duty of care to maintain the temperature of the deceased as well as to keep the image at a proper temperature in light of the fact that the deceased was suffering from urology on the elderly who suffered from urology, the defendant is liable to compensate for the damage suffered by the deceased and the plaintiffs due to the above accident.

B. The facts admitted prior to the limitation of liability and the purport of the entire pleadings.

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