채무부존재확인
1. With respect to dental treatment executed by the Plaintiff (Counterclaim Defendant) to the Defendant (Counterclaim Plaintiff), the Plaintiff (Counterclaim Defendant).
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. The Plaintiff is a dentist who operates the “Dental clinic” located in Seoul Special Metropolitan City, Nowon-gu (hereinafter “Plaintiff’s clinic”). The Defendant is a chronic diversitis on March 2, 2015, and was diagnosed and treated by the Plaintiff from March 11, 2015, from that time to March 11, 2015.
B. On March 2, 2015, the Plaintiff conducted a dental radiation inspection with the Defendant on the same day, diagnosed as chronic infection and carried out the cryposis on the same day. On March 9, 2015, the Plaintiff carried out the crypology to the Defendant, and on March 11, 2015, he/she extracted the Defendant No. 28.
C. However, while the Defendant was taking meals around April 8, 2015, the number of 26 children became half of the total number of children.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including branch numbers for those with serial numbers) and the purport of the whole pleadings
2. The parties' arguments and the judgment on them
A. (1) The plaintiff's assertion (1) The plaintiff's summary of the plaintiff's main claim is not the plaintiff's child's medical treatment, but there is no negligence on the plaintiff with respect to the above medical treatment, and there is no liability for damages against the defendant with respect to the above medical treatment.
(2) On March 9, 2015, the purport of the Defendant’s counterclaim claim is that the Plaintiff, even though the Defendant refused to treat the Plaintiff during treatment, did so in an unreasonable manner, and thereby, the Plaintiff was forced to pay KRW 2 million, a sum of KRW 1.2 million and KRW 8 million, which is the sum of KRW 1.2 million for the Defendant’s medical expenses and KRW 8 million for damages.
B. The following circumstances acknowledged as a whole in full view of the fact of the above determination, the result of the request for appraisal of medical records by the Korea Medical Dispute Mediation and Arbitration Agency and the purport of the entire pleadings, i.e., at the time of the Defendant’s request to Plaintiff Members on March 2, 201