1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below is revoked, and above.

1. The reasons for this part of the facts of recognition are as follows: (a) in addition to deleting “A” from the second twenty (20) pages of the judgment of the first instance (hereinafter “Defendant Hospital”), it is identical to the corresponding part of the reasoning of the judgment of the first instance; and (b) thus, it is acceptable in accordance with Article 420 of the Civil Procedure Act.

2. The Defendant asserts that the instant lawsuit brought against the Defendant’s assertion on the Plaintiff’s non-performance of lawsuit (this safety defense) was unlawful, since the Plaintiff B, on April 7, 2015, prepared a special pledge on behalf of the Deceased at the time of hospitalization (Evidence 6) and agreed to do so on behalf of the Deceased at the time of hospitalization.

According to the evidence No. 6 Eul, at the time of the first hospitalization at the defendant hospital on April 7, 2015, the plaintiff Eul signed a special pledge stating that "I will not raise any objection against any accident or accident or death, etc. caused by an unexpected accident, which is not called, due to the patient's incidental care or escape from the patient's constant nursing and protection, regardless of the patient's continuous nursing and protection." In addition, according to the evidence No. 5, the plaintiff Eul signed a special pledge on July 9, 2015, stating that "I will not raise any objection against the accident or death, etc. caused by an unexpected accident, due to the patient's incidental care or escape, regardless of the patient's continuous nursing and protection." In addition, according to the evidence No. 5, the plaintiff Eul agreed on July 9, 2015, with the patient's hospitalization at the time of the patient's first hospitalization at the hospital without the patient's own movement without the patient's substitute operation, and it is recognized that I will confirm and present a letter to the defendant."

However, the agreement on the lawsuit is effective when the agreement is within the scope of the right of disposal by the parties to the agreement, and only a specific legal relationship can be anticipated at the time of the agreement (see Supreme Court Decision 98Da63988, Mar. 26, 199). The above special pledge itself is a specific legal relationship, i.e., a specific dispute.