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(영문) 서울서부지방법원 2017.12.19 2017나35919
공제급여청구
Text

1.The judgment of the first instance, including the claims extended or reduced in this Court, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The Plaintiffs are married with each other, and under the chain, they were dead C (hereinafter “the deceased”).

B. The Defendant is a non-profit corporation established for the purpose of preventing safety accidents in child-care centers and compensating for damage caused by safety accidents in child-care centers pursuant to the Infant Care Act, and the head of Gangnam-gu Seoul Metropolitan Government D Child-care Center located in G (hereinafter “child-care center in this case”) entered into a mutual aid agreement with the Defendant

C. The Deceased was the birth of the Child Care Center of this case, but was at around 11:00 on December 1, 2015, the Deceased was suffering from the birth of the Child Care Center of this case, and was at the lower time.

A teacher of a child-care center of this case discovered abnormal symptoms where the body of the deceased who was locked at around 14:43 on the same day had returned to the 119th day, and immediately reported to the 119th day and sent back to a nearby Korea University Cancer Hospital around 15:14 on the same day.

At the time of the deceased's birth, there was no self-harm at the time of the death, and the heart was in a state of stop of the heart, and the heart was restored due to cardiopulmonary resuscitation, but the death on December 6, 2015 due to cerebral pulmonary cretion that occurred after the heart stop.

E. Around that time, the Plaintiffs filed a claim for the payment of a mutual aid fee under the special agreement with the Defendant after the late visa. In the mutual aid agreement with the Defendant, the head of the child care center of this case requires the Defendant to pay a total of KRW 80,000,000 including the amount of KRW 40,000,000, which is a security for the infant’s life and body damage to the victim’s life and body (hereinafter “the instant accident”) with respect to “accidents for which the cause of death during the sudden death of the infant cannot be known” (Article 30(2) of the mutual aid agreement with the Defendant, and further stipulates that the Defendant shall pay the amount of KRW 80,00,000, which includes the amount of KRW 40,000,00,

Article 24 and Article 25 of the Terms and Conditions of the Mutual Aid Agreement (hereinafter referred to as "the Agreement") is a special agreement for the outpatient accident in this case.

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