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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 1, 2014, the deceased I (J; hereinafter “the deceased”) entered into a contract for long-term care care for older persons (hereinafter “instant facilities”) with L, a sanatorium for older persons located in K in the former Y-gun of North Korea (hereinafter “instant facilities”) and received medical care for older persons.
The Deceased was judged to be in the third degree of long-term care in a state of mental and physical disorder caused by dementia at the time of entrance.
B. At around 16:20 on May 16, 2014, the Deceased came to be in place in order to use toilets in the dwelling space of the instant facility (hereinafter “instant accident”), and was diagnosed by the 119 first-aid vehicle, with an injury to the right to mar, etc. after being hospitalized in the said hospital, the Deceased was transferred to the Jeonbuk University Hospital on May 19, 201, and was hospitalized in the said hospital on May 26, 2014.
C. At around 19:00 on February 14, 2016, the Deceased died in the N in the G in the G in the G in-gun of the former North Korea.
The body autopsy on the deceased is indicated as a natural death due to the natural cause of unknown death. D.
The Deceased died on February 14, 2016, and the Plaintiff B, C, D, E, F, and G jointly inherited the deceased’s property, the spouse of the Plaintiff A, C, D, E, F, and G.
E. The Defendant is an insurer who entered into a welfare facility liability insurance contract with the instant facilities and insurance period from November 19, 2013 to November 19, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 3, the purport of the whole pleadings
2. At the time of the instant accident, the Deceased was at the time of the instant accident, despite the high risk of abortion as an elderly dementia patient, the facility of this case was negligent in neglecting to take place on the spot of the Deceased without the help of a caregiver.
The Deceased suffered injury, such as a pellley, etc., from the negligence of the instant facilities, and died during the treatment, and the Defendant, as an insurer of the welfare facilities liability insurance for the instant facilities, suffered the Deceased and the Plaintiffs.