1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff entered into the instant liability insurance contract (the insurance period from January 1, 2014 to December 31, 2014; hereinafter “liability insurance contract”) with the two nursing staff members, a self-support community, the main business of which is dispatch of nursing staff, where the nursing staff becomes liable for damages in the course of the nursing service, as the insured, to compensate the insured on behalf of the insured within a certain amount.

B. Meanwhile, on the other hand, the Nursing Service Council concluded on April 26, 2013 with the Defendant, sent D as nursing workers under the Nursing Service Contract (if both parties raise an objection by no later than one month prior to the expiration of the contract, the term of the contract shall be extended by up to one year; hereinafter “instant Service Contract”) operated by the Defendant, pursuant to the C Care Hospital (hereinafter “Defendant Care Hospital”).

C. At around 10:10 on December 24, 2014, D: (a) around 10:10, D had been engaged in eating a stude, which is likely to cause corrosion, by mistake, to E (a dementia patient, such as 1945 students, pinson’s disease, etc.); and (b) during that process, due to the care of D, the stude, which occurred due to the strawe of E, and the stude of the stude, was sent to the A medical care emergency room, and was first aid, and died of the stude damage due to the stude damage on December 25, 2014.

(hereinafter “instant accident”). D.

After that, on March 13, 2015, the Plaintiff paid KRW 54.8 million to the above E’s bereaved family member F (E’s spouse) pursuant to the instant liability insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence No. 1, witness G testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1 is that the Defendant was in the employer’s position of leading and supervising the nursing D at the time of the instant accident.