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(영문) 서울북부지방법원 2014.12.05 2013나21282

채무부존재확인

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Basic facts (1) The Plaintiff is a doctor who operates a dental clinic with the trade name, “Dental clinic,” from the Seoul Southern-gu C and the third floor.

(2) On May 2, 2012, the Defendant, at the above dental clinic operated by the Plaintiff, received psychotropic treatment from the Plaintiff to treat euthanasia 2 Daegu (No. 47) on the right side of the Plaintiff, for the treatment of euthanasia, and received pathy treatment from the Plaintiff until May 14, 2012.

(hereinafter) (hereinafter the Plaintiff’s medical treatment from the time of the Plaintiff’s implementation on May 2, 2012, including the genetic treatment, “this case’s medical treatment”). [In the absence of dispute, the entry of evidence No. 1, and the purport of the entire pleadings]

2. The defendant asserts that the plaintiff is liable to pay 107,00,000,000 won for compensation for non-performance of obligation or tort, on the ground that the plaintiff is liable to pay the defendant the sum of the above amounts to seven thousand,602,00,000 won, and damages for delay as counter-performance, by asserting that the plaintiff is liable to pay the defendant the compensation for damages caused by non-performance of obligation or tort, and that the plaintiff is liable to pay the defendant the sum of the above amounts to seven thousand,602,00 won, and damages for delay.

On the contrary, the Plaintiff asserted that there was no negligence in the process of the instant medical treatment, and that the symptoms alleged by the Defendant were not caused by the instant medical treatment, and that the Plaintiff did not have any obligation to compensate for damages against the Defendant related to the instant medical treatment.

3. We examine the principal lawsuit and the counterclaim together.

A. (1) Medical practice is highly professional.