1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 9, 2015, the deceased C (D students; hereinafter “the deceased”) entered the “E” (hereinafter “the instant medical care center”) which is operated by the Defendant, and was suffering from severe dementia at the time (e.g., distribution, water surface disorder, degradation of short-term memory, degradation of urine recognition, etc.).

Article 1 (Purpose) A person who intends to improve the quality of life by providing facility benefits to older persons who are unable to make their daily lives alone on their own due to a scarcity disease, etc., and by promoting the health and stabilization of livelihood of older persons and lowering the burden of their families.

Article 4 (Duties of Policyholders) (2) The defendant's obligations

1. Cooperation in health management of users;

2. Contact immediately contact with guardians more than the users’ believers;

5. Other cooperation necessary for life in the old age of a user. Article 10 (Health Management) (2) If it is deemed necessary to provide medical treatment due to any disease or injury, measures shall be taken to enable a user to receive medical treatment from a doctor.

(4) The defendant shall verify and record the health status, etc. of users at the time of admission, conduct appropriate health care for the users, and take appropriate measures to maintain the health and prevent aggravation of users.

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

1. When he/she has injured or caused death of a user due to the intention or negligence of a facility operator.

1. When nature is killed in the facility;

2. Where the defendant had fulfilled his/her duty of due care but the user was injured or died due to his/her arbitrary outing;

B. On June 9, 2015, the Plaintiff entered the deceased as the representative of the instant medical care center on behalf of the deceased, who is his spouse, into the said medical care center, and provided facility benefits among long-term care benefits.