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(영문) 대구지방법원 2015.03.13 2013가단11130
손해배상(의)
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. D (hereinafter “Defendant hospital”) was hospitalized in a medical corporation’s gender convalescent hospital (hereinafter “Defendant hospital”) around March 2012 due to symptoms, such as alcohol livering and alcohol dementia, and alcohol dementia.

B. D Temporary discharge from a university hospital located in Daegu on July 2012, to treat symptoms, such as euthanasia, urine, and gropical tin, at the university hospital located in Daegu around the same year, during hospitalization at the Defendant hospital.

8. 1. At around 10:00, the Defendant hospital was hospitalized again.

C. At around 20:00 on the day D was hospitalized, it was confirmed that D was destroyed by the Defendant hospital, and D was found to have committed suicide at the night around the Defendant hospital following that day.

(hereinafter referred to as “D”)

D. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties are children of the deceased.

[Ground of recognition] Facts without dispute, Gap 1, 2, Gap 3-1 to 3, Gap 4-7, and the purport of the whole pleadings

2. The Defendant hospital, who is in charge of the Plaintiff’s duty of hospitalization and treatment, has a general duty of care to thoroughly supervise and supervise the patients and to protect their lives and bodies. In particular, the Deceased was in a usual dementia condition, and at the time of being hospitalized in the Defendant hospital, the consciousness was mixed. As such, the Defendant hospital, who is in charge of the Plaintiff’s duty of care, is obliged to prevent the occurrence of accidents by giving more attention to the Deceased.

Nevertheless, the Defendant hospital did not report the deceased’s death on the day of the accident at all, and did not check whether the deceased was suppered, and on the same day, it neglected the duty to protect and supervise the deceased, such as confirming that the deceased was dead at around 20:0, and eventually caused suicide.

Therefore, the Medical Corporation, which is the operator of the Defendant Hospital, is the Plaintiff and the Plaintiff due to the death of the deceased.

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