1.(a)

Defendant A Co., Ltd. is the same as KRW 4,00,000, respectively, to the Plaintiffs Nos. 1 through 23 of the Plaintiffs’ list No. 1 to 23.

Basic Facts

Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company operating a postnatal care center in the trade name of “D Postnatal Care Center,” and Defendant B is the representative director of the Defendant Company, and Defendant C is an assistant nurse in charge of the management of women and newborns at the branch E of D Postnatal Care Center (hereinafter “Postnatal Care Center”).

The Plaintiffs Nos. 1 through 80 listed in the Plaintiffs’ list No. 1 to 80 (hereinafter “Plaintiff Newborns”) are newborns admitted to the instant postnatal care center, and the Plaintiffs Nos. 81 through 230 listed in the said list (hereinafter “Plaintiff’s parents”) are the parents of Plaintiff Newborns.

The Plaintiff’s parents, who are using the instant postnatal care center, concluded a contract to use a postnatal care center with the Defendant Company from May 21, 2015 to August 18, 2015, respectively, both the Plaintiff’s parents and the newborn babies stayed in the instant postnatal care center, as indicated in the column for the entry period in attached Table 2.

Article 10 of the standard terms and conditions for postnatal care centers included in the contract for the use of postnatal care centers of this case shall keep health records and record and manage the health status of mothers and newborns, and take necessary measures, such as disinfection, to prevent infections or diseases.

Article 12 If a woman or newborn baby suffers from a communicable disease during the period of his/her entry, the business operator shall compensate for the loss.

In the case of paragraph (1), if a user presents objective data, such as a medical certificate issued by a medical institution and a receipt of medical expenses, the business operator shall compensate for damages such as medical expenses paid by the user.

Provided, That this shall not apply where the entrepreneur proves that he has no intention or negligence.

If the loss is inflicted on a mother or newborn baby intentionally or by negligence on the part of the business operator or his/her employees, the business operator shall compensate for the loss.