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(영문) 광주고등법원 2019.11.29 2019나20671
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On November 3, 2007, the Plaintiff was diagnosed of brain damage, etc. on the part of a traffic accident. From March 201, the Plaintiff was registered as a class 4 disabled person with a brain disease on February 10, 2013.

B. From January 3, 2014 to February 7, 2014, the Plaintiff was hospitalized in the E Hospital and received brain-related rehabilitation treatment. On March 13, 2014, the Plaintiff received medical treatment as “the anti-confluence in the right side, recognition function disorder, urology, walking disorder, etc. (the name of diagnosis: the right side pansium, the multi-confluence color)” from the department of rehabilitation in the E Hospital.

C. On March 13, 2014, the Plaintiff was hospitalized in the F Hospital operated by the Defendant (hereinafter “Defendant Hospital”) for the purpose of medical care and rehabilitation treatment.

The defendant hospital has a three-stage nursing system (non-liver, basic nursing, and total nursing) in line with the patient's condition as follows. The plaintiff was provided with health care services, such as hygiene management, urine treatment, meal learning, and other support for daily life, because it was difficult for the plaintiff to walk at the right convenience.

(hereinafter referred to as the “instant hospitalization contract”). In a case where a patient who has no separate nursing cost is able to live on his own without the care of a caregiver, the patient’s recognition ability is improved, and when walking is possible, the patient’s basic nursing room is: 10,000 won per month; the patient himself/herself is in the nursing expenses, but it is necessary to assist a caregiver as it is difficult to manage sanitation. A caregiver has served only at a normal day (0:0 to 15:00), and he/she is in charge of bathing, clothes promptly, hand-to-to-stop, and a stop-to-door. A general nursing room is a case where the patient needs to care for 40,000 won per week without the care of the caregiver, and the patient needs care for 24 hours per day because he/she is unable or incomplete (the nursing service of the defendant hospital is provided as a caregiver).

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