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(영문) 서울동부지방법원 2016.06.08 2015나5448
병원비
Text

1. All appeals filed by the Defendant (including the Plaintiff) are dismissed.

2. All of the appeal costs are Defendant-Counterclaim Plaintiff.

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. On January 18, 2012, G applied for nursing service to the Plaintiff while entering into a hospitalization agreement with the Plaintiff, and Defendant B jointly and severally guaranteed all obligations owed to the Plaintiff under the said agreement.

B. G was hospitalized in the “H convalescent Hospital” operated by the Plaintiff for 601 days from January 18, 2012 to September 9, 2013, and was hospitalized in the “H convalescent Hospital” and the nursing cost of KRW 16,69,500 was incurred.

C. On May 27, 2014, G died (hereinafter “the deceased”), and his/her property was jointly inherited by the Defendants, a child, and I.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 8, 9, 11 through 23 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition as to the claim of the principal lawsuit, Defendant B is a joint and several surety of the deceased, and Defendant C, D, E, and F are obligated to pay to the Plaintiff the amount equivalent to each share of the above nursing expenses (16,69,500 won x 1/6 of the share of inheritance) jointly and severally with Defendant B, as the heir of the deceased.

In this regard, the Defendants asserted to the effect that, prior to the aforementioned hospitalization agreement, the Gangnam Nursing Association, which dispatched the Deceased a nursing worker due to an accident as asserted in the counterclaim, did not claim for nursing expenses against the Deceased after the time, and the Plaintiff also agreed to waive or exempt the expenses of nursing with the Deceased through the chief of the prime department. Even if there was no express agreement on the waiver or exemption, even if there was no express agreement on such waiver or exemption, the Defendant waived the claim for nursing expenses from the Gangseo Nursing Association, and the Plaintiff discharged the Deceased without receiving nursing expenses, and thus, the Plaintiff should be deemed to have expressed its intent to waive or exempt the claim for nursing expenses against the Deceased.

However, there is no evidence to prove that there was an waiver or exemption agreement with the Plaintiff on nursing expenses, or that the Gangwon Nursing Association renounced the claim for nursing expenses.

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