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All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The deceased E (hereinafter “the deceased”) died on October 10, 2019, and the inheritor is Defendant C and D, the wife of the deceased.
B. On August 30, 2016, the Deceased was diagnosed as an extractd cancer at the F Hospital located in Seo-gu Busan, Seo-gu, Busan.
C. Before the death of the deceased, the deceased was provided medical treatment at Hanwon, Yangsan National University Hospital, etc. located in Busan-gu, Busan-do, and was visited Germany for two times from November 25, 2017 to January 5, 2018, and from October 18, 2018 to December 4, 2018. The plaintiff was accompanied by the above German visit.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 9, the purport of the whole pleadings
2. The Plaintiff’s assertion remains in the part of the Deceased, who is an extractd cancer patient, and was in the care of the Deceased from September 2016 to the time of his death.
As the Deceased promised to pay KRW 300 million per month to the Plaintiff at the care expense, the Deceased’s heir is obligated to pay KRW 11,000,000 per month’s nursing expenses and KRW 311,00,000 per month’s agreed amount, depending on his/her inheritance shares, to the Plaintiff, according to his/her share of inheritance.
Therefore, Defendant B is obligated to pay to the Plaintiff KRW 176,142,80 (=41,00,000 x KRW 3/7,000 x less than 3/7; hereinafter the same shall apply), Defendant C and D respectively (=41,428,500 x 2/7).
3. Determination 1) In full view of the aforementioned evidence, evidence as seen earlier, witness H, I, and J’s testimony and the overall purport of the arguments, the Plaintiff’s nursing of the Deceased from September 2016 may be acknowledged as having been acknowledged. However, in light of the following circumstances, the Plaintiff appears to correspond to the Plaintiff’s assertion, taking into account the aforementioned evidence, evidence Nos. 10, and evidence Nos. 10, 10, and 2 as well as the overall purport of the arguments and arguments.