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(영문) 서울중앙지방법원 2015.07.15 2014나66818
구상금
Text

1. The part against the defendant in the judgment of the court of first instance is revoked, and the plaintiff's claim as to the cancellation is dismissed.

2...

Reasons

1. Under the circumstances, the Plaintiff entered into a contract for compensation liability insurance with a professional (liverer) who compensates the insured within a certain scope in lieu of the insured (hereinafter “instant liability insurance contract”) in cases where A becomes liable for damages in the course of providing nursing services as an insured worker for a nursing who is a nursing worker under the control of the Plaintiff’s workplace (hereinafter “liverer”).

The insurance period was from June 1, 2013 to June 1, 2014.

In accordance with the supply contract with the defendant which entered into on June 11, 2012 (hereinafter referred to as the "supply contract of this case"), the police officer shall conduct an autopsy for the operation of the defendant under the supply contract of this case (hereinafter referred to as the "supply contract of this case").

The two hospitals (hereinafter referred to as the “instant hospital”) sent A to the two hospitals (hereinafter referred to as the “instant hospital”).

A around 14:30 on October 30, 2013, around 14:30, at the instant hospital B, a wheel chairs on which C was on board to move her nursing (such as 1930 students, dementia, and cerebrovasculars) to her sick room. A was locked up between them, and C was walking off from the wheelchairs, and she was on the right-hand upper part.

(B) On May 9, 2014, the Defendant agreed to pay KRW 5 million to C as compensation for damages, and the Plaintiff paid KRW 4.7 million to C on May 15, 2014 under the instant liability insurance contract, excluding KRW 3,000,000,000,000,000,000,000.

On the other hand, the instant supply contract explicitly specifies the method of the nursing worker's employment and the calculation criteria for personnel expenses, and stipulates that the total monthly nursing personnel expenses calculated by him/her are paid monthly from the Defendant and paid monthly from the Defendant to the nursing worker under his/her jurisdiction again.

(Article 3 and Article 4). In addition, in order to facilitate mutual cooperation, such as prompt replacement and replacement of nursing personnel, one of the liaison officers in emergency service shall be assigned to the instant hospital.

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