beta
(영문) 인천지방법원 2019.09.26 2018나61461

보험금

Text

1.The judgment of the first instance shall be modified as follows:

The Defendant’s KRW 4,874,966 and its relation to the Plaintiff on December 6, 2017.

Reasons

1. Facts of recognition;

A. On April 3, 2016, the Plaintiff and the Plaintiff’s mother (hereinafter “the deceased”) entered into a contract on the provision and use of long-term care services with the Defendant, who operates the E-Medical Care Center (hereinafter “Defendant Medical Care Center”) as the name of “E-Medical Care Center” (hereinafter “Defendant Medical Care Center”).

The Plaintiff, the Deceased, and the Defendant concluded a contract for the provision and use of long-term care services again on August 16, 2017, in which the Deceased re-entered into the Defendant’s Medical Center.

(B) From the following day, the above contract for the medical care of this case is referred to as "the above contract for the medical care of this case". User (A): The provider of the facility name E-Medical Care Center, the head of facility B (Defendant), or the guardian (the ward): Article 1 of the Plaintiff / [Purpose] / [Purpose] the improvement of the quality of life by providing facility benefit services to the elderly who have difficulty in performing their daily life on their own due to old age, illness, etc., and by reducing their family's burden.

Article 4 [Contractor's Obligations] Gap and Eul, and Byung shall perform in good faith the following obligations:

(2) Obligations of B

1. Cooperation in health management of A;

2. Article 10 [Health Management] (2) If Party A deems it necessary to receive medical treatment due to a disease or bodily injury, he/she shall take measures so that Party A may receive medical treatment;

(4) B shall verify and record the health status, etc. of A at the time of admission, conduct appropriate health care for A, and take appropriate measures to maintain the health and prevent aggravation of A.

(5) Eul shall conduct health management activities, such as confirmation of active symptoms, medication, control of bathing, prevention of abortion, etc., for health management of Gap.

B. The instant medical treatment contract includes the following:

C. The Deceased, at around July 2012, undergo an operation on the right alley to the right alley, and thereafter, he/she becomes vulnerable to long-term care class 3.