2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. The Defendant is a dentist who operated a dental clinic located in Gangnam-gu Seoul Metropolitan Government Dental Hospital (hereinafter “instant hospital”). The Plaintiff entered into a medical contract with the Defendant to receive correctional treatment (hereinafter “instant medical contract”) and paid KRW 3,100,000 as an advance payment for medical expenses on March 5, 2016.

B. The Plaintiff received medical treatment from the instant hospital for approximately two years, but did not properly perform correctional treatment, and requested the instant hospital to refund medical expenses.

C. On May 17, 2018, E Academic Association sent to all its members an official document to suspend and cancel qualification when it works for a hospital specializing in transparent correction, and around that time, 14 of the 18 medical doctors of the instant hospital retired.

A patient who entered into a corrective treatment contract with the instant hospital filed an application for collective dispute mediation with the Korea Consumer Agency for the refund of medical expenses for the instant hospital. On August 27, 2018, the said Committee decided that the instant hospital was liable to fully take appropriate measures for corrective treatment due to frequent replacement and partial medical treatment of the doctor in charge, etc., and thus, it is held that the patient is liable to fully refund the entire amount of advance payment medical expenses to the patient.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 3 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties' assertion 1) The plaintiff did not properly perform the medical treatment of this case, and eventually suspended, the plaintiff cancelled the medical contract of this case, and sought payment of the medical expenses already paid and the damages for delay thereof. 2) The defendant asserts that there is no obligation to refund the medical expenses and the damages for delay to the plaintiff for the following reasons.

① The instant medical treatment contract is temporarily delayed, and at the instant hospital, the present medical treatment is provided.