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(영문) 부산지방법원 2020.05.20 2019나54528
간병료 등 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. C was used as cerebrovascular around August 2017 and hospitalized at a hospital, and the Plaintiff, at the Defendant’s request, who was in a de facto marital relationship with C, opened C with C from August 28, 2017 to July 1, 2018.

B. The Plaintiff’s daily nursing fee is KRW 105,00, and the Plaintiff purchased goods equivalent to KRW 362,600, such as base return, suspension, and water collision necessary for nursing during the period of nursing C.

C. The Plaintiff filed a lawsuit against C, such as nursing fees (the Busan District Court Decision 2018Gaso576246), and the first instance court of the instant case, on January 30, 2019, deemed that the Defendant, in a de facto marital relationship with C, entered into a nursing contract with C as C’s agent. It is reasonable to view that C is an act of ordinary family affairs for maintaining the marital community, and that C is obligated to pay care fees, etc., 11,597,600 won, and damages for delay thereof, and partly accepted the Plaintiff’s claim.

Therefore, even though the Plaintiff and C appealed, on November 15, 2019, the judgment dismissing all the appeals filed by the Plaintiff and C was rendered (Seoul District Court 2019Na43672), and the said judgment became final and conclusive around that time.

The Plaintiff was already paid nursing fees from August 28, 2017 to March 16, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, significant facts in this court, purport of the whole pleadings

2. In a case where one party of the judgment couple performs a legal act with a third party on the daily home affairs, the other party is jointly and severally liable for the obligation arising therefrom (the first sentence of Article 832 of the Civil Act). This shall also apply mutatis mutandis to a de facto

According to the above facts, since the defendant who was in a de facto marital relationship with C entered into a nursing contract with C on behalf of C with respect to daily home affairs, the defendant is jointly and severally liable with C to pay the expenses for nursing and purchase of goods necessary for nursing.

On the other hand, the plaintiff's purchase cost of goods necessary for nursing 381.

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