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(영문) 인천지방법원 2013.12.19 2013가단12135

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. From June 20, 201, the Defendant established and operated a sanatorium for older persons (hereinafter “Defendant’s facility”) with the trade name “C” (hereinafter “C”), and the Plaintiff is a deceased deceased D (EMs; hereinafter “the deceased”).

B. On January 19, 2012, the Deceased entered into a contract for the provision of long-term care (use) services (hereinafter “instant contract”) on behalf of the Deceased with the Defendant on behalf of the Deceased, as a patient of the third degree of long-term care protection who suffered from dementia, etc., and on the same day, the Deceased was admitted to the Defendant’s facility.

From January 19, 2012, Article 1 (Provision of Services): B (Defendant facility) shall place human resources in accordance with the Welfare of Older Persons Act, the Long-Term Care Protection Act for Older Persons, and the Guidelines for the Implementation of Long-Term Care Insurance for Older Persons, and shall provide A (the deceased) with long-term care services necessary for the daily life of the deceased as specified above.

B shall assign long-term care human resources to ensure the sustainability of long-term care services to the maximum extent possible.

B shall establish a standard long-term care plan and provide the services by referring to the "standard long-term care use plan" within the scope of the types and details of benefits for approval for long-term care.

Article 5 (Matters to be Notified):B shall, if necessary, contact his/her agent with respect to the provision of services to A, etc.

Article 7 (Liability for Damages): B shall be compensated for damages incurred to A due to any cause attributable to B (including the operator) during the execution of the service.

However, it is not the problem that occurs from the official leave of the facility, such as going out or going out, or the problem that occurs due to the user's negligence or accident (injury, death, etc.) and the intention of the facility.

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