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(영문) 의정부지방법원 2019.04.02 2018가단111564

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) The Plaintiff is operating the “D”, a long-term care institution under the Act on Long-Term Care Insurance for the Aged C building and the third floor of the building.

Sheet Defendant served as the secretary-general from November 24, 2015 to July 29, 2016.

B. (1) On May 10, 2016, E, a caregiver belonging to the Plaintiff, went beyond the upper part of the F’s right shoulder of the recipient who sent the place to the third floor of the hospital at the hospital of the medical care center, by hand.

on July 11, 2016, the Dobcheon City issued a disposition of suspension of business to the Plaintiff for six months.

C. (1) The Defendant retired from the Plaintiff’s Medical Center and entered the G Care Center.

The recipient H, I, J, K, L, etc. was discharged from July 29, 2016, and the recipient M was discharged from August 1, 2016, and all G Care Workers.

(1) On August 2, 2016, the Plaintiff filed an administrative suit seeking the revocation of the disposition of business suspension on August 2, 2016 (2016ia3138) and on August 4, 2016 (2).

(2016Guhap10102). The plaintiff received the decision of suspension of validity on August 10, 2016 in the provisional execution case, and was sentenced to a favorable judgment on September 26, 2017 in the above administrative litigation, and the judgment became final and conclusive on October 12, 2017.

【Evidence A】 Evidence Nos. 1, 3, 6, 12, 8, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion had six beneficiaries transferred to a competitor by selective unlawful acts and nonperformance as follows. Accordingly, the Plaintiff suffered 6,325,000 won per month for three years from August 1, 2016, all of which the beneficiaries were admitted to the minimum admission period.

(1) The Defendant arranged 12 beneficiaries under the condition that the Plaintiff’s competitor is guaranteed employment. This constitutes Article 35(6) of the Act on Long-Term Care Insurance for the Aged.

Dor, the Defendant, for the purpose of the above (1), shall reshot the assault images falling under Article 2 (1) of the Personal Information Protection Act into a cellular phone, and provide them to the following reporters.