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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. At around 15:20 on July 17, 2013, A parked B’s home truck in front of the 164 Busan High School, Busan High School (hereinafter “Defendant Hospital”), which was located in the Busan High School (hereinafter “Defendant Hospital”), and started without properly examining the rear bank, and as a result, A, as a patient hospitalized in the Defendant Hospital, was receiving C (76 years of age, hereinafter “the network”) who was in the rear bank as a patient hospitalized in the Defendant Hospital, and was killed (hereinafter “the instant accident”) by pressured brain pressure on July 30, 2013 while being treated at the Busan High Hospital.
B. On August 9, 2013, the Plaintiff was an insurance company that joined the said door-to-door truck, and paid KRW 55,136,520 to the bereaved family members of the Deceased as damages for the instant accident.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1 to 9, video, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The location of the instant accident in charge of Article 758(1) of the Civil Act is near the entrance of the Defendant hospital, which is a specialized hospital for the aged, and the location is where patients with mental or physical disability frequently have access to the Defendant hospital. As such, there should be a blocking facility that separates India and roadways for the safety of the patients. However, the instant accident was issued due to the defect of the Defendant hospital’s facilities. However, the instant accident was caused by the defect of the Defendant hospital’s facilities. (2) The Deceased’s responsibility under Article 750 of the Civil Act was a patient who is unable to appear alone due to dementia, etc., and the Defendant hospital neglected the duty to supervise the insurance of the Deceased, thereby allowing the Deceased to leave the hospital in charge, and caused the instant accident by this negligence by the Defendant hospital’s medical personnel.
3. Therefore, the defendant is jointly and severally liable for the accident of this case as a joint tortfeasor.