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The judgment of the first instance, including the claims extended in the first instance, shall be modified as follows:
A. The Defendants are the defendants.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who manages and pays insurance benefits under the National Health Insurance Act.
B. Defendant A is the representative of C (hereinafter “the medical care center of this case”) who is a long-term medical care institution located in Incheon Strengthening-gun, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is an insurance company that entered into an insurance contract for welfare facility liability with Defendant A.
(c)
D (1941) purchased a national health insurance policy, and entered the medical care center in this case from May 10, 2014, and was judged to receive a long-term medical care level 4 due to severe dementia, and was suffering from depression and uls, which are accompanied by dementia.
(d)
D around October 21, 2017, while being protected at the instant medical care center, around 02:24, 2017, the instant medical care center suffered injury, such as “an injury to other institutions in the mouth without any open address within the river, or brain injury to less than two open locations,” etc. (hereinafter “instant accident”). E. Defendant A agreed to pay D KRW 64 million with respect to the instant accident on March 19, 2018, and not file a civil or criminal claim (hereinafter “instant agreement”).
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 6-8, and the purport of the whole pleadings
2. The assertion and judgment
A. 1) Facts of recognition as seen earlier and evidence Nos. 3, and evidence Nos. 2, 3, and 5 (including branch numbers)
In addition to the following facts and circumstances that can be recognized by comprehensively taking account of the overall purport of the arguments in each of the statements and images, it is reasonable to view the instant accident was caused by negligence by Defendant A, the user of the medical care protection company, who is the operator of the instant medical care center’s interest, due to failure to perform the duty of care necessary to prevent the accident.
① Defendant A, as an operator of the instant medical center, has a duty to protect inmates to lead a safe life.
(2) D. D.