1. On February 11, 2019, in relation to an accident in which the deceased C died due to cardio-fluence at D Hospital around 5:50.

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. The Plaintiff is a person who establishes and operates the F medical care center3 points located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City (hereinafter “instant medical care center”). The deceased C (hereinafter “the deceased”), who entered into a contract with the Plaintiff on September 1, 2018 and was living in the instant medical care center on September 1, 2018, and the Defendant is the deceased’s child.

B. At around 1:10 on January 27, 2019, the Deceased was cut off to the right side by turning it over to the toilet.

(hereinafter “instant accident”). On January 27, 2019, the Deceased was transferred to D Hospital, and on January 30, 2019, the Deceased was subject to anti-explosion of the mission, which is a high right-hand, at the foregoing hospital.

After that, on February 11, 2019, the deceased died as a direct death, while receiving the above hospital’s medical treatment and antibiotics treatment.

C. The deceased’s heir has the Defendant, H, I, J, and K as his child.

【Grounds for Recognition】 Items A through 4, 8, 17, and Eul's Evidence Nos. 12, the purport of the whole pleadings

2. The defendant's assertion

A. Although the Plaintiff, a dementia patient, was obligated to accompany the deceased in a toilet, the Plaintiff violated this duty and caused the instant accident.

B. The Plaintiff did not install a knife, safety bar, display, etc. on the toilet of the instant medical center, and violated the criteria for placement of human resources as prescribed by the statutes.

Due to such failure in the management of facilities, the accident of this case occurred to the Deceased.

C. The Plaintiff is obligated to take emergency measures, such as immediately reporting to 119 when it is deemed that the deceased’s life was in critical condition. However, the Plaintiff violated the above duty after the instant accident occurred.

The Plaintiff caused the instant accident to the Deceased due to the Plaintiff’s breach of duty. Since the death occurred after the Deceased, the Plaintiff’s care expenses, medical expenses, and funeral expenses to the Defendant who represented the inheritors of the Deceased.