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(영문) 서울중앙지방법원 2015.12.23 2015가단5182889
손해배상(기)
Text

1. The Defendant: (a) against Plaintiff A, KRW 10,549,719, KRW 8,183,426, and each of the said money to Plaintiff B, C, and D respectively, on March 3, 2015.

Reasons

1. Basic facts

A. On June 30, 2014, the deceased E (hereinafter “the deceased”) entered into a contract to provide long-term care services with I, who is an operator of the H Care Center located in G (hereinafter “instant medical care center”) (hereinafter “instant contract”) and for the same year.

7. From January 1, 200, a patient was admitted to the instant medical care center, and the main contents of the instant medical care contract are as follows.

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 (Contractor's Obligations) A (referring to the deceased; hereinafter the same shall apply), B (referring to the I; hereinafter the same shall apply) and C (referring to the plaintiff A by the deceased's guardian; hereinafter the same shall apply) shall fulfill the following obligations in good faith:

(2) Obligations of B

1. Cooperation in health management of A;

3. Provision of meals and living counseling, advice and provision of living conveniences;

4. Maintenance and management of cleanliness of buildings and ancillary facilities;

5. Other cooperation necessary for the safe life of the aged of Gap, Article 10 (Health Management) (5) shall conduct health management activities, such as confirmation of active symptoms, medication, bathing management, and prevention of abortion, for the health management of Eul.

Article 18 (Liability for Damages) (1) In any of the following cases, Eul shall be liable for compensation:

1. When he/she is injured or caused the death of a person engaged in the installation work by intention or negligence;

3. Where he gets a person to sustain or die due to poor facilities, equipment or facilities management;

B. On March 3, 2015, around 00:35, the Deceased was found to have been concealed in a water tank for a water tank at a height of 2 meters installed in the 1st floor boiler room of the instant medical center, after the J, a medical care worker on duty, went away from the mixed-child living room, which leads to the death of another patient.

hereinafter referred to as "the case."

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