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(영문) 인천지방법원 2020.11.24 2019가합53234

채무부존재확인

Text

1. On February 12, 2019, the Plaintiff’s liability for damages against the Defendant with respect to an accident that occurred at a hospital D.

Reasons

1. Basic facts

A. The Plaintiff is the representative of the “F Care Center” located in Gyeyang-gu Incheon Metropolitan City E (hereinafter “the Plaintiff”) who operates the said medical care center, and the Defendant is the deceased C (hereinafter “the deceased”).

B. The Deceased was suffering from high blood pressure, unknown symptoms, dementia, etc. due to her birth. From November 19, 2018, the Deceased was admitted to the instant medical care center (class 3 of long-term care class) and was under medical care (class 3 of long-term care class).

C. On February 9, 2019, at around 05:30, the Deceased, alone, was involved in an accident that happens and salved down again, following the Plaintiff’s salvine, with no help of a medical doctor, and alone, was involved in a sudden change in the 1st floor of the medical care center.

(hereinafter “instant accident”). D.

At around 09:00 on the same day, the Deceased showed symptoms for food care, and was transferred to the D Hospital emergency room upon the report of 119 by the caregiver H, and died on February 12, 2019 during hospital treatment after being diagnosed with cerebral cerebralopty, and after being diagnosed with cerebralopty, the deceased died on February 12, 2019.

F. The deceased’s heir has the Defendant, I, J, K, and L, a child.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7, 8, 10, 15, 17, 18, and Eul evidence 2 through 4 (including the number of branch offices; hereinafter the same shall apply)

2. Summary of the parties' arguments;

A. The gist of the Plaintiff’s assertion was that the Plaintiff’s caregiver employed at the time of the instant accident fulfilled his duty to protect the Deceased, and thus, the Plaintiff cannot be deemed to have breached his duty of care in relation to the instant accident.

In addition, blood transfusion, which is the direct death of the deceased, is not caused by the accident in this case. Thus, as the causal relationship between the accident in this case and the death of the deceased is not recognized, the plaintiff is not liable for the death of the deceased, and the accident in this case is subject to exemption special agreement for the accident in this case.