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(영문) 춘천지방법원 강릉지원 2018.02.07 2017가단34598
구상금
Text

1. The defendant and the plaintiff KRW 28,123,665, among them:

(a) From November 15, 2016 for KRW 28,114,140:

(b) KRW 9,525.

Reasons

1. Occurrence of claims for indemnity;

A. Under Article 15 of the Long-Term Care Insurance Act and Article 7 subparag. 3 of the Enforcement Decree of the Act on Long-Term Care Insurance for the Aged, B was protected by the C Center run by the Defendant (hereinafter “C Center”) from October 21, 2013.

3) Around 05:00 on May 18, 2016, B received 2 degrees of freshed images from the hot water running from a bath room of the instant sanatorium, and died on August 24, 2016 (hereinafter “instant accident”) at the Han River University, Gangwon-do Hospital, Han River-gu Hospital, and D Hospital, etc., which are medical care institutions prescribed in Article 42 of the National Health Insurance Act, and died on August 24, 2016 (hereinafter “instant accident”).

(4) The Plaintiff paid KRW 56,228,280 to the Corporation’s charges until November 14, 2016, and KRW 19,050 on December 26, 2016 to each medical institution, among the medical expenses for medical treatment in B.

5) The location of a water valve in the living room of the sanatorium of this case is as follows: [The grounds for recognition: the fact that there is no dispute, the entry of evidence A2, evidence A2, evidence A3 through A5, evidence A8 through evidence A10, the video, and the purport of the whole pleadings.

B. The Plaintiff’s assertion 1) The Defendant is liable for damages arising from nonperformance, as it neglected the management of facilities and sustained pictures to B while operating the medical care facility, and extended damages due to E, an employee of the Defendant, who did not immediately cope, pursuant to Articles 750 and 756 of the Civil Act. As seen earlier, the Defendant was liable for tort liability pursuant to Articles 750 and 756 of the Civil Act. Although the Plaintiff concluded a contract to use the facility benefits with B, as seen earlier, did not perform the obligation in accordance with the terms and conditions of the contract to use the facility benefits, thereby incurring damages to B. As the Plaintiff provided medical care benefits to B, the Plaintiff’s damage claim against the Defendant was transferred to the Plaintiff within the scope of the costs of the medical care

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