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(영문) 인천지방법원 2016.12.21 2015가단223380
채무부존재확인
Text

1. In relation to the accident described in the attached list, all of the plaintiffs (Counterclaim defendants) against the defendant (Counterclaim plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 26, 2014, around 20:10 on September 26, 2014, the Defendant suffered injury, such as chest 11 and 12, which require approximately 10 weeks of treatment while walking on the road by one ton of cargo vehicles, Cheongcheon Elementary School Housing No. 26-1, Cheongcheon-ro, Incheon, Bupyeong-gu, Cheongcheon-gu, Incheon.

B. On September 26, 2014, the Defendant hospitalized the hospital into D Hospital, and concluded a nursing contract with the Plaintiff on October 2 of the same year.

The content of the above nursing contract was sent to the defendant by the plaintiff A for 24 hours a day, but it was a condition under which the plaintiff A received 70,000 won a day, and the plaintiff A sent the plaintiff B to the defendant as a nursing worker from October 2, 2014 to the above contract.

C. On October 9, 2014, at around 00:25, the Defendant suffered bodily injury, such as the alleys, etc. of the floor bed of the anti-surging frame by leaving the sick room that occurs in the confection of the mixed and walking the corridor in order to go to the toilet.

(hereinafter “instant accident”). D.

At the time, Plaintiff B was locked in a simple bed against the Defendant’s invasion.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The defendant's assertion that the defendant had not caused the plaintiff B on several occasions immediately before the accident of this case, "B", but the plaintiff B was defilled.

Since the Plaintiffs entered into a nursing contract with the Defendant, the Plaintiffs neglected to perform the contractual obligation to perform the duty to protect the Defendant, such as nursing the Defendant’s meal and the work to be considered as a substitute, etc., so that the Defendant can live in the life of the Defendant, thereby causing the instant accident.

Plaintiff

B is well aware that the defendant is able to see dump as the dump. However, the defendant must attend the school to dump for the purpose of viewing dump, but even if the defendant is unfumped, the defendant is able to be able to dump the wind.

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