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(영문) 광주지방법원순천지원 2015.07.02 2014가단75817
채무부존재확인
Text

1. With respect to the accident described in the separate sheet, the damages liability of the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) shall be as follows:

Reasons

1. Basic facts

A. The Plaintiff is a person who operates D (hereinafter referred to as “instant sanatoriums”) located in 1,00 that is a sanatorium for older persons, and the Defendant is a person admitted to the instant sanatoriums.

B. The Defendant was hospitalized in a hospital for 36 days from May 29, 2014 to July 4, 2014 when he/she was living in the sanatorium of this case, after receiving an accident listed in the attached Form.

[Ground of recognition] Unsatisfy, Gap evidence No. 2 (including a serial number, and hereinafter a serial number), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. Although an employee of a sanatorium established for the medical care and nursing of senior citizens, etc. who are suffering from dementia or who have difficulty living for the aged, despite the duty of care and duty of care to prevent safety accidents of senior inmates who have deteriorated or have difficulty living for the aged, the employee of the sanatorium is liable to compensate the defendant for damages caused by the negligence of the defendant, and thus, the plaintiff who operates the sanatorium is liable to compensate the defendant for the damages.

(B) The plaintiff is also disputing the scope of liability for damages on the premise that the accident listed in the attached Form is liable for damages.

However, in light of the following circumstances recognized by comprehensively taking account of the aforementioned evidence and the purport of the entire pleadings, namely, the Defendant, at the time of the accident indicated in the attached Form, was remarkably lacking physical function due to the age of 100 years with inconvenience at the time of the accident, and such Defendant’s status appears to have a major cause of the occurrence of the e-mail of the e-mail at the time of the accident at the time of the accident, or to have a significant impact on the occurrence of the result, it seems that even if the Defendant suffered injury due to the negligence on the part of the medical care facility of this case

Therefore, in calculating the amount of damages that the defendant should compensate, as above.

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