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(영문) 대구지방법원 2017.11.22 2016가단111765
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts (user A: The deceased, the provider (B): The defendant foundation, the agent, or the guardian): Article 2 (Period of Contract) (1) The contract period shall be from November 18, 2014 to July 31, 2015;

Article 4 (Contractor's Obligations) (2) Obligation 1. Cooperation in the Management of Health of “A” 2. Personal Contact contact immediately with “A”

5. Other cooperation necessary for the safe life of old age of A. (2) If the “A” deems it necessary for medical treatment due to a disease or injury, he/she shall take measures so that a doctor may receive medical treatment.

(5) For the health management of “A”, “B” shall perform health management activities, such as confirmation of the vitality symptoms, medication, control of bathing, prevention of abortion, etc.

Article 12 (Urgent Measures) (1) When it is deemed that the life of “A” is in critical condition, “A” shall be immediately forwarded to the Convention Hospital, the hospital designated by “A” or the relevant medical institution, and shall immediately notify “A” of the fact.

(2) The term “disease” shall, upon receiving the notification under paragraph (1), promptly cope with it.

Provided, That where it is impracticable to cope with, measures shall be taken to ensure that medical treatment is provided first.

Article 18 (Liability for Damages) (1) In any of the following cases, "B" shall be liable for compensation to "A":

1. Where he/she is injured or caused the death of a person engaged in the installation of a facility by intention or negligence;

2. Where he/she causes the health of "A" or the death of "A" by providing maximum food, or by administering medicine mistakenly.

4. When abuse (referring to elder abuse defined in subparagraph 4 of Article 1-2 of the Welfare of Older Persons Act and the prohibition of Article 39-9 of the same Act) deteriorates the health condition of “A” or causes the death of “A”, the deceased (hereinafter “the deceased”) operates by the Defendant Foundation on November 18, 2014, while suffering from dementia and brain cirrology, urology, urology, urology, bathos, and melting diseases.

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