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(영문) 서울중앙지방법원 2015.08.12 2014나65082
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. The Plaintiff entered into a professional liability insurance contract (livers) with the insured on behalf of the insured within a certain scope, based on the protection and management negligence of the insured in the course of providing nursing services, with B as the insured between the National Employment Services Association, and based on the personal accident caused by the care care negligence of the insured. (hereinafter “instant insurance contract”)

The insurance period was from June 1, 2012 to June 1, 2013.

B as a nursing dispatch organization, C is affiliated with B.

The Defendant entered into a nursing service entrustment agreement with B (from January 1, 2012 to December 31, 2012, and from January 1, 2013 to December 31, 2012, the nursing service delegation agreement is the basis for the nursing service delegation agreement). Accordingly, C, the nursing service provider, was dispatched to the E-Rehabilitation Hospital (hereinafter referred to as “instant hospital”) located in Cheong-gu, Young-gu, Cheongju-gu, the Defendant’s operation.

2013. 5. 15. 12:00경 이 사건 병원 화장실 내에서 간병인 C이 용변을 마치고 화장실에서 나오는 F(1929년생, 여, 84세, 치매, 거동불편)를 부축하여 일으키려는 순간 F가 갑자기 집에 가야한다고 소리치면서 막무가내로 혼자 일어서려다가 그 자리에 주저앉아 엉덩방아를 찧어 다치는 사고(아래에서는 ‘이 사건 사고’라고 한다)가 발생하였다.

As a result, F was diagnosed by Section 2 of the wide-area electronic bridge closed.

On February 19, 2014, the Plaintiff: (a) considered the F's degree of involvement in F's king as 30%; and (b) agreed that F shall pay KRW 9,705,00 as the king treatment expenses, nursing expenses, and consolation money.

[Ground of recognition] Facts without dispute, Gap 1 to Gap 6, Eul 4, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant did not properly perform his duties of management and supervision as an employer who is in the actual command and supervision relationship, such as allocation of a ward room, supervision of duties, and pre-safety education to nursing C.

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