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(영문) 서울동부지방법원 2016.05.27 2014가합5164
채무부존재확인
Text

1. As to the nursing act that the Plaintiff performed against the Defendant after January 14, 2014, the Plaintiff against the Defendant.

Reasons

1. Basic facts

A. The Plaintiff is a nursing worker belonging to Seoul YCA D Center.

B. From January 14, 2014 to January 21, 2014, the Plaintiff provided nursing services to the Defendant hospitalized in the Seoul Asan Hospital located in Songpa-gu Seoul Metropolitan Government 2-dong 388-1 (hereinafter “instant nursing services”).

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. On January 20, 2014, Plaintiff 1 et al., the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

B. The Plaintiff, as a nurse, neglected to perform his duty of care, caused the Defendant, who is a patient with a paralysis, and neglected the Defendant’s status without properly verifying the Defendant’s condition, and caused his body injury, and thus, the Plaintiff is obliged to compensate the Defendant for the damage incurred therefrom.

3. Determination

A. In a lawsuit seeking confirmation of the existence of a pecuniary obligation, if the plaintiff, who is the debtor, claims to deny the fact of the occurrence of the obligation by specifying the first claim, the defendant, the creditor, bears the burden of assertion and proof as to the requirement of legal relationship.

(See Supreme Court Decision 97Da45259 delivered on March 13, 1998). B.

It is insufficient to recognize that the Plaintiff neglected to perform his/her duty of care as a nursing officer and caused the Defendant’s desire or failed to verify the Defendant’s condition, and there is no other evidence to acknowledge it.

C. Therefore, there is no obligation related to the instant nursing act performed by the Plaintiff against the Defendant, and there is a benefit of confirmation as the Defendant contests this.

3. The plaintiff's claim of this case is justified.

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