The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Basic facts

A. The Plaintiff is a nursing specialist belonging to the Seoul YCAD center, and the Defendant is a person who is hospitalized in the Songpa-gu Seoul YCAD (hereinafter “Asan Hospital”) located in the 88-ro, Songpa-gu, Songpa-gu, Seoul 43 Olympic Games after having been judged as having a disability of 1st degree in cerebral diseases due to a traffic accident.

B. From January 14, 2014 to January 21, 2014, the Plaintiff provided nursing service to the Defendant at Asan Hospital. On January 20, 2014, when the Plaintiff was under the care of the Defendant, the Plaintiff was found to have a desire for the Defendant on January 20, 2014, when the Plaintiff was under the care of the Defendant.

(2) The Plaintiff’s nursing act against the Defendant (hereinafter “instant nursing act”) and the Defendant’s desire to take care of the Defendant (hereinafter “instant desire”). The Plaintiff’s desire to take care of the Defendant was written on the ground of recognition, and the purport of the entire pleadings (including each number, if any, as evidence Nos. 1 and 4, and evidence Nos. 1 and 7) (including each number, if any, as evidence No. 7) are written on the ground of recognition).

2. Summary of the parties’ assertion

A. The Plaintiff’s instant bath was not caused by the Plaintiff’s negligence but by force majeure. Therefore, the Plaintiff does not bear any obligation, such as liability for damages, against the Defendant regarding the instant nursing act.

B. The Plaintiff neglected to perform his duty of care as a nursing agent and neglected to confirm the Defendant’s situation without properly confirming the Defendant’s situation. Even if the Plaintiff was not negligent in the occurrence of the instant bath itself, the Plaintiff made so that the instant bath will be expanded by making soup on that part of the Plaintiff, and thus, the Plaintiff is liable to compensate the Defendant for damages incurred by the occurrence or expansion of the instant bath.

3. In a lawsuit seeking confirmation of the existence of an obligation, if the plaintiff, who is the debtor, claims to deny the fact of the occurrence of an obligation by specifying the first claim, the defendant, who is the creditor, is the requisite fact of the legal relationship.