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(영문) 수원지방법원성남지원 2017.10.24 2016가단205013
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a child of the deceased C (hereinafter “the deceased”), and the Defendant is the representative of the E Medical Care Center for the Aged in Seongbuk-gu, Sungnam-gu (hereinafter “Defendant Medical Care Center”).

B. Around July 1, 2014, the Deceased was born, and around July 1, 2014, pursuant to the admission contract entered into between the deceased’s family and the Defendant (hereinafter “the instant medical treatment contract”). From that time, the Deceased was admitted to and resided in the Defendant’s Medical Care Center. On June 17, 2015, around 15:00, the Deceased was suffering from a vegetable vegetable vegetables, the wall of the clothes, and the vegetable vegetable vegetables of the two parts.

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

Around 09:40 on June 18, 2015, the day following the instant accident, the Defendant Medical Center transferred the Deceased to a subdivision hospital, and received an emergency medical treatment for the said injury. However, on the 20th day of the same month, the Deceased was hospitalized in the hospital and was hospitalized until the 27th day of the same month, due to symptoms, such as a difficulty in repulmon and pulmonary disturbance, blue, and oxygen fall, etc. on the 20th day of the same month.

After that, from July 29, 2015 to August 7, 2015, from September 16, 2015 to September 22, 2015, the Deceased hospitalized at the heart of each subcommittee hospital, and had been provided treatment for tent, dementia, waste collection, heart bage, and cage bage bage. However, on September 22, 2015, the Deceased died directly as a private person.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 9 through 17, Gap evidence Nos. 20, 22, Eul evidence Nos. 1 and 7 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant’s medical care center should compensate the Plaintiff, who is the deceased’s heir, for damages, since the instant accident occurred due to the Defendant’s breach of its duty under the instant medical care contract and caused the death of the deceased.

1 Although the Deceased who violated his duty to protect is in need of a careful care and protection of the Medical Care Center for the aged, the Defendant Medical Care Center is left alone so that the Deceased can live in a mixed toilet.

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