1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On November 2014, the Plaintiff, a 1948-born, was admitted to the instant medical care center in accordance with the facility benefit agreement entered into with the Defendant, the representative of the Plaintiff’s husband C and D Medical Care Center (hereinafter “instant medical care center”) on April 10, 2017 (hereinafter “instant agreement”).

B. The main contents of the instant contract pertaining to the instant case are as follows.

Article 10 (Health Care) (4) The defendant shall verify and record the health status, etc. of the plaintiff at the time of admission, conduct appropriate health care for the plaintiff, and take appropriate measures to maintain the plaintiff's health and prevent aggravation.

(5) For the health management of the plaintiff, the defendant shall conduct health management activities, such as confirmation of active symptoms, medication, management of bathing, prevention of abortion, etc.

Article 18 (Liability for Damages) (1) In any of the following cases, the defendant shall be liable to compensate the plaintiff:

1. When the plaintiff is injured or caused death due to the intention or negligence of the employee of the facility. (2) In any of the following cases, the plaintiff is not entitled to demand compensation to the defendant.

4. When the plaintiff himself/herself has been injured or has died due to intention or gross negligence;

C. However, at around 17:50 on June 13, 2017, while the Plaintiff was living at the instant medical care center, the Plaintiff was suffering from the Mixed E Hospital from the second floor of the instant medical care center to the Plaintiff’s bed room (hereinafter “instant accident”) and was transferred to the instant hospital located in Macheon-si on the same day (hereinafter “instant accident”). On the same day, around 18:45 on the same day, the Plaintiff was transferred to the E hospital located in Macheon-si, and was subject to the surgery and the removal of blood species.

【Ground for recognition】 The fact that there is no dispute, Gap No. 1, 2, 14, 15, Eul evidence No. 6, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion ① The Defendant did not have knowledge and direction-finding sense at the time of entering into the instant contract.