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(영문) 청주지방법원충주지원 2019.07.18 2018가합5997
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 3,623,590 to the Defendant (Counterclaim Plaintiff) and against this, from April 1, 2019 to July 18, 2019.

Reasons

Basic Facts

1) The Plaintiff, a medical welfare facility for the aged, is a medical care facility for the aged, as described in paragraph (2) of the order.

2) The Defendant concluded a contract to use long-term care benefits (facility benefits) with the Plaintiff and entered the Plaintiff’s Medical Care Center on August 15, 2015.

The Defendant’s occurrence of the Defendant’s accident 1) while entering the Plaintiff’s Medical Care Center and living there was injury to the Defendant’s left arms by going beyond the toilet on May 18, 2018 (hereinafter “the primary accident”).

(2) As a result, the Defendant was hospitalized in the E Hospital located in the voice group, and the Defendant was diagnosed as “autilization of the lower end of all the boness and the boness,” which requires a six-day medical treatment, and returned to the Plaintiff’s hospital upon discharge on May 25, 2018. (2) From June 9, 2018, the Defendant hospitalized in the F Hospital located in Cheongju-si, and the Defendant was “T1 T1T,” which requires medical treatment for 12-day period of the same day, is the weak of plehurst. In addition, “T12 closed garra,” other than “the lower end of all the boness and boness,” and “the upper part of the boness and boness,” and “the lower part of the boness and boness,” did not appear to have been diagnosed as having been diagnosed by the Defendant’s 281-year disease (hereinafter referred to as “the Defendant’s 281-year disease”).

3) The laws and regulations relating to the instant case are as listed in the separate sheet. [The facts that there is no dispute over the grounds for recognition, the entries in Gap 1 through 3, 6, Eul 1, 3, 7, and 12, and the entire purport of the pleadings, together with the arguments and counterclaims of the parties concerned.

For the following reasons, the plaintiff's liability for damages to the defendant for the first accident and second accident is not nonexistent, and thus, the confirmation is sought.

(1) With respect to the first accident, the plaintiff has partially borne the medical expenses, and claims for medical expenses in excess thereof.

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