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(영문) 대전지방법원공주지원 2017.11.02 2016가단21840
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 6, 2015, Plaintiff A: (a) determined that the mother who was suffering from dementia equivalent to class 4 of the normal long-term care class as a beneficiary of the H, and entered into a contract with the F Care Center for providing the said period as a plan for providing human resources in accordance with the guidelines for the implementation of the Long-Term Care Insurance for the Aged and the Long-Term Care Insurance for the said period from July 6, 2015 to June 30, 2017; and (b) concluded a contract for providing the H with the content that G compensates H for the damage incurred due to a cause attributable to the part of the F Care Center, including employees, during the provision of the services.

B. Defendant E succeeded to the status of the operator of the F Care Center from G before July 2016.

In addition, Defendant D has provided H with home care services from May 2016 according to the above medical care service contract as a caregiver belonging to the FF Care Center.

C. At around 14:00 on July 24, 2016, Defendant D visited the place of residence of H located in Gong in Gongju-si, Gong to provide medical care services.

However, H, around 15:00 on the same day, among the meals under Defendant D’s aid, died on the ground of the weather closure 15:24 on the same day.

(hereinafter “instant accident”). D.

The Plaintiffs inherited each of 1/3 shares as co-inheritors, who are children of the network H.

[Based on Recognition: Each entry of Gap evidence Nos. 1 through 11 (including the number of branch offices), the result of the request for appraisal of medical records to the Director of the J Hospital and the purport of the whole pleadings]

2. Determination on the occurrence of liability for damages

A. The summary of the plaintiffs' assertion is that Defendant D, as a caregiver, provides the network H with a long-to-door visit medical care service, food such as meals, etc. due to diseases, such as usual dementia.

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