beta
Text
1. The Plaintiff (Counterclaim Defendant)’s liability for damages with respect to an accident described in the attached Form is against the Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 1, 2014, the Plaintiff is a company that entered into a contract for maintenance and management of the elevator in the hospital with the Da General Hospital located in Bupyeong-gu, Seocheon-gu, Seoul, and performed the duties of maintenance and management of the elevator in the above hospital. The Defendant is a person who was hospitalized in the above hospital to be detained in the elevator in the hospital while receiving treatment (hereinafter “instant accident”).
B. (1) On February 26, 2015, the Defendant: (a) around 06:30 on February 26, 2015, to go up from the first floor to the 8th floor of the general hospital, with Nonparty 2 (elevator number 2031-240, hereinafter “instant elevator”).
(2) After the Defendant’s rescue operation, one of the instant elevator’s employees arrived at the scene of the instant accident and confirmed the condition of the instant elevator. Then, the instant elevator arrived at the 8th floor, and the Defendant and the other Nonparty 1 did not open the elevator entrance, but the elevator entrance was not opened. Accordingly, the Defendant reported to 119 the elevator entrance to the hospital emergency room and the 8th hospitalization room. At around 07:20, the Defendant continued to request and wait for the rescue, and reported to 119 the elevator entrance. At around 07:20, the 119 rescue unit members arrived at the site, and opened the elevator entrance and saved the elevator. 2) After the Defendant’s rescue, the Plaintiff’s employee arrived at the site of the instant elevator, and confirmed the condition of the instant elevator. At that time, the string location was 1.5 cm, and the opening location was 1.5 cm, open, and the opening location was inside the entrance.
C. Following the occurrence of the instant accident, the Defendant complained of the shoulder pains, knife, knife, and two copies, etc., and was hospitalized in the Dental Hospital on the fourth floor of the building of C general hospital from February 28, 2015 to March 18, 2015 and received medical treatment.
[Based on recognition] Gap evidence 1, 3, 4, Eul evidence 1 to 3, 5, 8, respectively.