부당이득금반환
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 Defendant, as a doctor who has obtained a certificate of medical specialist, operates a hospital with the trade name of “C Council member” (hereinafter “instant hospital”), and on February 20, 2014, the Plaintiff was consulted with the instant hospital with respect to hosting and multi-party racing operations, etc. by visiting the hospital.
B. On February 28, 2014, the Plaintiff received counseling and treatment to wishing to improve the blood, coloring, and skin tons by visiting the instant hospital, and paid 90,000 won to undergo such counseling and treatment five times as a result of the Plaintiff’s performance, and received diagnosis from the Defendant of the Mataba-Ma and the expansion of the blood transfusion, and received DNA (Nd-yags) Radyer and the blood ratinger (hereinafter “instant procedure”).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 17, 18, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion that the Defendant placed a false advertisement as if the Defendant was not a medical specialist subject to imposition, and recommended medical treatment as if the Defendant was a medical specialist. After anesthesia without the Plaintiff’s consent, the Defendant had a third party, other than the Defendant, engage in illegal treatment using illegal specialized raction equipment, etc., and thus, the medical contract between the Plaintiff and the Defendant is null and void, and the Defendant should return to the Plaintiff KRW 90,000,000
B. The following circumstances, i.e., evidence and the overall purport of arguments, including evidence Nos. 8 and 13, are comprehensively considered: (a) the Defendant made false advertisement and advisory recommendations; and (b) the Plaintiff committed a violation of the Medical Service Act in connection with the instant procedure, are not peeped; and (c) the U.N. Malaysia treatment method is one of the treatment method used for chromatic diseases, such as fluor and fluorial color, which is the Defendant’s chromatic disease before the instant procedure; and (d) the Plaintiff was fluoric fluor and fluoric fluor.