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(영문) 대구지방법원 2016.07.08 2015가단119205
손해배상(기)
Text

1. Defendant G is respectively entitled to KRW 2,93,779 against Plaintiff B, KRW 6,090,669, Plaintiff C, Plaintiff D, Plaintiff E, and Plaintiff F.

Reasons

1. Basic facts

A. On June 8, 2015, Non-Party A (hereinafter referred to as “the Deceased”) was hospitalized in Yong-Namnam University Hospital and was receiving professional treatment. On June 9, 2015, Non-Party A was faced with an accident of gambling head on the cement floor separate from the bed, around 02:00, while being hospitalized in the Yong-Namnam University Hospital.

(hereinafter referred to as the "accident of this case")

B. On September 16, 2015, the Deceased died due to the instant accident, such as a multi-fluoral organs, etc., which were caused by the alleys No. 1 to the end of the 1st century, No. 2448, Sept. 16, 2015.

C. Defendant G is a nursing worker who received nursing expenses from the deceased, and Defendant H is the representative of the I Association, and the Plaintiffs are the inheritors of the deceased.

[Ground for recognition] Unsatisfy, entry of Gap evidence 1 and purport of whole pleadings

2. The plaintiff asserts that "the deceased is a patient who is unable to estimate at any time any situation due to symptoms, such as waste, and therefore, the nursing worker is negligent in performing his/her contractual duty to manage the deceased closely and regularly and to protect and supervise the deceased through a stable operation of the winter line and thereby causing the death of the deceased. As such, the defendant G, a nursing worker, has a duty to compensate all the damages suffered by the deceased and the damages suffered by the plaintiffs, and the defendant H is a person in a position to manage and supervise the nursing work of the defendant G, and if he/she is negligent in the course of his/her duties, the defendant H also has a joint and several liability."

As to the occurrence of one liability against Defendant G, Defendant G was a nursing worker who entered into a nursing contract with the deceased or his guardian, and as such, Defendant G was a chronic renal and hystrophic patient, the deceased was at all times obligated to attend the deceased’s nursing by taking the deceased’s dynamics into close contact with the deceased, but it was erroneous for the deceased to neglect the fact that the deceased was able to get out of the bed from the bed in the bed by his guardian adjacent to the deceased and attempted to get out of the bed.

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