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(영문) 대구지방법원 2017.07.20 2016나9191
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

2...

Reasons

1. Facts of recognition;

A. The Plaintiffs are children of E, who died on January 1, 2015 (hereinafter “the deceased”), and statutory inheritance shares are 1/3, respectively.

B. The Defendant is the installer of the “Fhand Care Center” under Article 34(1)2 of the Welfare of Older Persons Act among medical welfare facilities for older persons, among the medical welfare facilities for older persons, which are “a facility for the purpose of providing housing conditions, meals, medical treatment and other convenience necessary for daily life, such as home, to older persons who need help due to scartric diseases such as dementia, paralysis, etc. due to a considerable mental or physical disorder. (hereinafter “instant medical care center”).

C. Around 2005, the Deceased was diagnosed with Teinson’s disease, and around September 201, the Deceased entered into an admission contract with the Defendant (hereinafter “instant contract”) with the following content.

Article 1 (Provision of Services) (1) The defendant shall place human resources under the Welfare of the Aged Act, Long-Term Care Insurance for the Aged, Long-Term Care Insurance for the Aged, and the Guidelines for Implementation of Long-Term Care Insurance for the Aged, and shall provide long-term care services necessary for

Article 5 (Matters to be Notified) (1) In providing services to the Deceased, the Defendant shall, if necessary, contact the Plaintiff B.

Article 7 (Liability for Damages) In respect of the deceased’s damage caused by a cause attributable to the defendant (including the workers) during the execution of the service, the defendant shall compensate the deceased.

Provided, That it shall not be liable for damages caused by natural disasters or causes attributable to a third party.

This provision shall also apply where the deceased causes damage to the defendant.

However, there is no objection, such as civil or criminal load, against the issues arising from official leave of the medical care center of this case, such as going out and going out, or against the problems arising from care or accidents of the deceased (influence, death, etc.) and the accidents (influence, etc. of diseases) which are not intentional by the medical care center of this case.

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