1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is an infant of the deceased C (hereinafter “the deceased”), and the Defendant is a person who operates the Evalescent Hospital (hereinafter “Defendant Hospital”) located in D at Jeonnam-si, Jeonnam-si (hereinafter “Defendant Hospital”).

The Deceased was hospitalized in the Defendant Hospital in order to receive medical treatment for high blood pressure, chronic pulmonary diseases, and dementia.

B. The Deceased used the sick room at the Defendant Hospital together with F and G, and was hospitalized in the H Hospital on May 9, 2017, in excess of 13:00 on May 9, 2017 (hereinafter “instant accident”), and thereby, was hospitalized in the Defendant Hospital on the following day.

C. From June 9, 2017, the Deceased was released on July 5, 2017, on the following grounds: (a) he/she was found from an active tuberculosis that was being inspected at a H hospital and was found to have been under quarantine treatment; and (b) was not subject to surgery for the said alley; and (c) was discharged on the part of July 5, 2017.

Since then, the Deceased was hospitalized at H Hospital from September 11, 2017 to October 12, 2017, due to crystumumum, DNA infection, etc., which was received medical care at the Defendant Hospital, and died on December 11, 2017 due to crypitis, crypitis, crypitis, etc., during being hospitalized at the I Hospital and being hospitalized at the I Hospital for preservation.

E. Meanwhile, G’s guardian paid KRW 4.27 million to the Plaintiff four times from May 24, 2017 to July 5, 2017 in terms of medical treatment and nursing expenses in relation to the instant accident.

【Ground of recognition】 The fact that there has been no dispute, Gap's Nos. 1, 2, 4, 5, 6, 7 (including Serial number; hereinafter the same shall apply), Eul's entries in Nos. 1, 2, and 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant concluded a medical treatment and patient protection contract with the Deceased, but the medical personnel at the Defendant hospital failed to perform the duty to protect the Deceased or to manage facilities for the following reasons, thereby causing the Deceased’s death. As such, the Defendant’s funeral expenses are funeral expenses to the Plaintiff.