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(영문) 서울중앙지방법원 2014.12.23 2014가단44879
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From August 12, 2009 to July 1, 2010, the Plaintiff received treatment equivalent to KRW 19 million from the dental clinic operated by the Defendant, including the crypt surgery, from the dental clinic operated by the Defendant. The Plaintiff paid KRW 4 million out of the above treatment fees to the Defendant.

B. The Defendant filed an application with the Plaintiff for a payment order claiming payment of KRW 15 million in the balance of medical expenses as Seoul Central District Court Decision 2013 tea65280, which issued a payment order upon the Defendant’s application on October 8, 2013, and the said payment order became final and conclusive on October 31, 2013.

(hereinafter “instant payment order”). [Grounds for recognition] Gap evidence Nos. 1, Eul evidence Nos. 1 and 1 through 8, a significant fact in this court, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the compulsory execution based on the payment order of this case should not be permitted since all of the above medical expenses were repaid. However, there is no evidence to acknowledge the above assertion, and the above assertion is without merit.

B. The plaintiff asserts that since the defendant waived or exempted the remaining medical expenses, compulsory execution based on the payment order of this case should be dismissed. However, there is no evidence to acknowledge the above assertion, and the above assertion is without merit.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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