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(영문) 울산지방법원 2016.02.03 2015가단18038
손해배상(의)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination as to the cause of claim

A. The plaintiffs asserted that they were hospitalized in the E Hospital Mental Complex operated by the defendant medical corporation C (hereinafter "the defendant legal entity"), and the employees of the defendant legal entity have inflicted bodily harm on the plaintiff on April 201, and on April 18, 15, by assaulting the plaintiff A.

(hereinafter referred to as “instant tort.” Therefore, Defendant D, the representative of Defendant corporation and Defendant corporation, is jointly responsible for compensating Plaintiff A for damages (a total of KRW 17,423,950) incurred by the instant tort. Also, Plaintiff B, the wife of Plaintiff A, was suffering from mental distress, and thus, it is obligated to pay KRW 5,00,000 as consolation money for this purpose.

B. According to the records and images of evidence Nos. 2 and 8, it can be acknowledged that the body of the plaintiff A left the body of the plaintiff, and the boness of the plaintiff A were isolated. However, it is not sufficient to recognize that the above body and the injury were caused by the assault by the defendant corporation's employees, and there is no other evidence to support this otherwise. Thus, the plaintiffs' assertion based on the tort committed by the defendant corporation's employees is without merit without any need to further examine the amount of damages.

2. If so, the plaintiffs' claims against the defendants are dismissed as it is without merit.

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