손해배상(기)
1. The plaintiffs' appeal and the selective claims added by this court are all dismissed.
2. After an appeal is filed.
1. Basic facts: (a) The first Elderly Welfare Foundation of the Defendant Social Welfare Foundation (hereinafter “Defendant Foundation”) is a senior citizens’ medical welfare facility that entered into a contract to provide long-term care services with the networkF (hereinafter “the network”) on May 22, 2012 (hereinafter “welfare center”).
Defendant Matts Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Company”) is an insurance company that has concluded a liability insurance contract for medical care professionals with Defendant Foundation.
② From May 2, 2012 to May 2, 2012, the Deceased was receiving a support program for physical functions provided by the Defendant Foundation, such as mountain books, physical therapy, and cooking activities, while living in the welfare center for about five days a week from Triday to Triday and about eight to nine hours a day from 8:30 p.m. to 5:30 p.m.
③ At the welfare center, G, which had been living as a program like the Deceased, entered the welfare center around 10:00 on December 11, 2012, in order to enter the welfare center, and opened a new sprink and opened a door to the Deceased.
(hereinafter “instant accident”). (4) The Defendant Foundation, on the day of the accident, provided the deceased with medical treatment at the early elderly hospital, and the hospital diagnosed that there was no error after X-ray photographing.
⑤ On March 14, 2013, the Deceased died, and as his inheritor, the Plaintiffs are children.
【Ground for Recognition: Facts without dispute, Gap 1 through 4, Gap 10, Gap 12-1 and 2, and the purport of the whole pleadings
2. Whether liability for damages arises;
A. (1) The Defendant Foundation was already aware of or was unable to grasp by gross negligence the violent inclinations of the elderly with dementia protected.
Accordingly, even if G could have sufficiently predicted the possibility of the occurrence of the instant accident that G caused beyond the Deceased in advance, he/she was negligent in managing a person admitted to the protection of the deceased and suffered bodily injury, such as scarkeing scarcity, due to his/her negligence.
Shes also, early.