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(영문) 서울서부지방법원 2015.06.26 2013가합34709
퇴거청구
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the building in Seodaemun-gu Seoul, Seodaemun-gu, 50 Brazil Hospital (hereinafter “instant hospital”), and is a juristic person operating the instant hospital, a superior general hospital.

B. On October 19, 2011, the Defendant was used for military training programs, and was diagnosed with brain cerebrovascular transfusions from the dynamic marc fever at the medical hospital, and was hospitalized through the emergency department of the instant hospital on October 22, 201.

C. At the time of the Defendant’s hospitalization, the Defendant’s father B entered into a hospitalization agreement as a guardian, and Article 1 of the Hospitalization Agreement provides that “In the case of the instant hospital, the Defendant’s father complies with the provisions and requests of the hospital and the legitimate instructions of the doctor or nurse staff, and when the doctor in charge decides to discharge according to the medical judgment of the doctor in charge, he/she shall comply with it without any objection.”

On October 28, 2011, the Defendant complained of two copies after undergoing the coloring surgery at the instant hospital, and was subject to the reduction pressure therapy, the blood type removal surgery, and the two colonal surgery on the same day.

E. After November 7, 2011, the Defendant, upon the occurrence of a acute brupty, was in force of the brupty and was in force on December 9, 201, and was in force on December 9, 2011. Although food was in place, it became impossible to speak as a brupt, meal, or sports at the brupty.

F. On March 18, 2012, the Defendant was tried before the rehabilitation department of the instant hospital, and maintained the conditions of the instant hospital’s 11th floor C until now, while being hospitalized in the instant hospital. Meals are being provided with eating meals using tubes. In regard to physical care (a clerk training using crypt training, equipment, training for franchising bicycles, franchiscing training, gynascing training, psychological development training, and functional electric stimulation therapy), working therapy (a probationary treatment, recognition training, mobility and daily life training, cryptive exercise, sense of sense), and heat electrical treatment, etc.

G. Meanwhile, the Defendant’s principal initiative from December 10, 2012.

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