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(영문) 울산지방법원 2017.09.14 2017가합20896
채무부존재확인
Text

1. On October 14, 2016, the Plaintiff (Counterclaim Defendant)’s injury caused by the falling accident of the Defendant-Counterclaim Plaintiff.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Based on the facts, the relevant Plaintiff is a non-profit medical corporation that established and operates a medical institution and contributes to the improvement of national health through research and development on health and medical services. The Plaintiff is a patient hospitalized in the Plaintiff hospital in Ulsan-gun, Ulsan-gun, U.S. (hereinafter referred to as “Plaintiff hospital”). From March 31, 2015 to November 25, 2015; from November 30, 2015 to October 14, 2016; from November 30, 2015 to October 14, 2016; and from November 3, 2016 to November 25, 2016.

On November 30, 2015, the Defendant hospitalized the Plaintiff’s hospital on November 30, 2015. On December 4, 2015, the Defendant entered into a nursing contract with employees E of the Association of Disabled and Nursing (title before the change: the welfare social cooperative before the change; hereinafter the same shall apply). The main contents of the contract are as follows:

1. In principle, the nursing service contract is one service contract between the patient, the patient's guardian and the nursing worker.

Therefore, the joint nursing contract is a direct contract between the patient and his/her guardian and the nursing worker (company) and the nursing management and nursing expenses (deposit to the full-time nursing company) are agreed to be irrelevant to the hospital.

2. Nursing will not impose any legal liability on the side of the nursing management company for an inevitable accident that happens beyond the limit of nursing (goods, etc.) due to the relationship between one nursingman and a common nursing for a number of patients.

3. Nursing expenses shall be fixed at the monthly down payment after the preferential settlement of hospital treatment expenses, and the receipts for medical expenses and nursing expenses shall be separately paid and received.

5. (1) I agree to the comprehensive delegation of the settlement of the accounts between the nursing management company and the nursing service, the selection and termination of nursing service personnel, the receipt of nursing service expenses, and the nursing service expenses, for the convenience of patients and their guardians.

In addition, a hospital performs only an administrative simple business, and the authority of the nursing and nursing service personnel to command and supervise all the nursing and nursing services.

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