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(영문) 인천지방법원 2015.04.22 2014가단80371

청구이의

Text

1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution No. 2014 Chicago3137, Dec. 2, 2014

Reasons

The Defendant applied for a decision on performance recommendation to pay KRW 4,142,050 against the Plaintiff as the Court No. 2014 Ghana519262 and delay damages therefor, and made a decision on performance recommendation on August 12, 2014, and served the Plaintiff on August 20, 2014. The Defendant served the Plaintiff on August 20, 201.

9.4. The facts for which the above decision became final and conclusive (hereinafter “instant decision on performance recommendation”) do not conflict between the parties.

The plaintiff asserts that as the cause of the claim in this case, the plaintiff is not obliged to pay the amount of compensation according to the decision on performance recommendation in this case.

In light of the overall purport of the arguments in the statements in Eul evidence Nos. 1 through 6, the plaintiff paid 00 to Eul during the time when the plaintiff's internal landscape test conducted on October 11, 2013 at the hospital in the operation of the plaintiff, and Eul paid 4,142,050 won, excluding 1,090,570 won for the medical care benefit due to the above treatment in Eul, and the defendant paid 5,232,620 won for the medical care benefit due to the above treatment in the National Health Insurance Act, and according to the above facts of recognition, the plaintiff committed a tort against the head of B by neglecting his duty of care to perform medical treatment with due care as a doctor, while the plaintiff neglected to pay 1,00 won to the defendant for the above insurance benefit to a third party or his/her dependent. Meanwhile, according to Article 58 (1) of the National Health Insurance Act, the plaintiff is obligated to pay 3,000 won for the above insurance benefit to the defendant.

The plaintiff's assertion is without merit.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.