1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s assertion is operating a sanatorium for older persons with the trade name of “D” (hereinafter “instant medical care center”) in Seopo-si, Seopo-si, Jeju.

The defendant was admitted to the medical care center of this case and was subject to an accident listed in the attached list (hereinafter referred to as "accident of this case").

In the occurrence of the accident of this case, there is no negligence on the part of the medical center of this case.

However, the defendant alleged that he suffered losses due to the accident of this case, and claimed excessive amount to the plaintiff.

Therefore, the Plaintiff filed the instant lawsuit.

2. In a lawsuit seeking confirmation of a judgment on the Defendant’s main defense against the Defendant’s main defense, there must be a benefit of confirmation as a requirement for the protection of rights. The benefit of confirmation is recognized only when it is the most effective and appropriate means to obtain a judgment on confirmation against the Defendant in order to eliminate the Plaintiff’s present apprehension, danger, and risk.

In addition, the defendant in a lawsuit seeking confirmation is likely to cause unstable legal status of the plaintiff by dispute over the plaintiff's rights or legal relations. In other words, he/she is a person who claims the conflicting interests with the legal interests of the plaintiff and, if so, has the benefit of confirmation against such defendant (see Supreme Court Decision 2012Da67399, Feb. 15, 2013). In full view of the purport of the entire arguments in evidence Nos. 1, 2, 3, 1, 2 and 2, the medical care center of this case was established by a social welfare foundation E, and the plaintiff is currently a representative of the medical care center of this case, but was not a representative at the time of the

Thus, the plaintiff cannot be deemed liable for damages caused by the accident of this case, and the defendant also asserts that the plaintiff is not liable for damages.

Therefore, the lawsuit of this case is dismissed as there is no benefit of confirmation.