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(영문) 춘천지방법원원주지원 2016.10.11 2015가단34375

채무부존재확인

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1. Regarding the accidents listed in the separate sheet, the Plaintiff’s obligation to the Defendants does not exist.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that operates a sanatorium for older persons (hereinafter “instant sanatorium”) with the trade name “F” in the Crossing-gun E of Gangwon-do.

B. Around June 201, G entered into an admission contract with the Plaintiff to receive long-term medical care services at the instant sanatoriums around June 201, 201 and lived within the said sanatoriums, following the conclusion of the agreement with the Plaintiff around June 2013.

C. G fell from the second floor bend floor of the instant sanatorium on June 17, 2014, and suffered bodily injury, such as the diversity diversity diversity cutting down, damage to light water, and salutical saluteing salutism.

(hereinafter “instant accident”). G was sent back to a nearby general hospital and was hospitalized on February 20, 2015 while being hospitalized. D.

On July 22, 2015, H, the president of the instant sanatorium, was convicted of a crime of occupational injury resulting in the death of G on the ground that the instant accident occurred due to occupational negligence, which caused the death of G, and the said judgment became final and conclusive, on the grounds that the instant accident occurred due to a occupational negligence, which did not properly correct the entrance door of Yancheon District Court 2015Ra414 at the second floor of the instant sanatorium, and did not take measures such as replacing the caregiver when the inmate moves.

E. G’s heir is Defendant B and Defendant C and D, the spouse of which is Defendant B and C.

[Reasons for Recognition] Facts without dispute, Gap evidence 2 through 4, Gap evidence 6 through 10, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the occurrence of liability for damages, the Plaintiff, the operator of a paid long-term care facility, should have placed sufficient human resources to effectively manage the Plaintiff, since most of the inmates of the instant sanatorium are older older persons or suffering from scarcity diseases, such as dementia. In particular, the Plaintiff, the operator of a paid long-term care facility, shall enter be on the second floor of the medical care center building and fall.