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(영문) 광주지방법원해남지원 2015.11.17 2014가단3785
보험금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 42,689,627 against the Defendant (Counterclaim Plaintiff) and its related amount, from March 3, 2015 to November 17, 2015.

Reasons

1. Facts of recognition;

A. B was admitted to the D Medical Care Center in the Donnam-do, Jeonnam-do, and lived. At that time, B was aged 88 years old and was suffering from severe dementia, and was in a state where it was difficult to move back to normal.

B was living with the help of caregiver such as E at the D Care Center.

D Medical Care Center has been engaged in protective activities in the form of assisting 2.5 medical care workers to engage in meals, bathing, and physical changes.

B. E around 10:00 on October 3, 2013, around 10:0, at the D Care Center’s bath B.

At the time, patients who are protected by E were only B.

During E’s bath B, E was deprived of weight-centered centering by weight, and E intended to abandon this, but failed to properly b, and B suffered bodily injury, such as “the blood from a external wound with no head open address.”

(hereinafter referred to as “instant accident”). C.

B immediately after the instant accident, the instant hospital was transferred to the Southern National University Hospital, and was transferred to the Jeonnam National University Hospital on October 18, 2013, and was hospitalized at the Jeonnam National University Hospital, F Hospital, etc.

In this process, B spent 10,763,187 won as the medical expenses, and 8,170,000 won as the nursing expenses, and the National Health Insurance Corporation paid 15,65,858 won to the Corporation.

B died on January 21, 2014, and KRW 14,395,916 was disbursed in the course of funeraling, and Defendant G, H, and I succeeded to B.

E. Of the successors in B, G and H transferred the damage claim arising from the instant accident to the Defendant, and the power of attorney (No. 16) stating the fact of transfer was served on the Plaintiff on March 2, 2015.

F. Meanwhile, around September 13, 2013, the Plaintiff is liable for damages to a third party due to the negligence of E, etc. in relation to the operation of the D Medical Care Center and the operation of D Medical Care Center, and the Plaintiff is below the liability insurance contract as shown in the attached Form, with a limit of KRW 100 million.

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