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(영문) 춘천지방법원강릉지원 2016.05.24 2014가합100194
채무부존재확인
Text

1. Of the counterclaims by the Defendant-Counterclaim Plaintiff, the payment was made on November 6, 201 at the Giman National University’s University’s affiliated research institute attached thereto on November 6, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Whether the part concerning the claim for physical examination costs, among the counterclaims, is legitimate or not, the defendant claimed against the plaintiff for payment of KRW 1,222,420 to the medical expenses paid by the relevant hospital affiliated to the relevant university of Egynam National University as compensation for damages, and the plaintiff raised a defense to the effect that this part of the lawsuit is unlawful, since the above expenses

The amount paid by the victim as all inspection expenses for the appraisal, when the victim received the physical appraisal according to the court's order for appraisal, was paid directly without following the prepayment procedure.

Even if it is included in the appraisal cost, the amount of the lawsuit cost is included in the appraisal cost, and the amount of the lawsuit cost can be repaid through the procedure for determining the amount of the lawsuit cost, so there is no benefit

(See Supreme Court Decision 9Da68577 delivered on May 12, 2000, see Supreme Court Decision 99Da68577 delivered on May 12, 200, 7

8. In full view of the purport of each of the entries and arguments in nine, the Defendant’s medical expenses of KRW 1,222,420 paid to a wooden hospital attached to the Ganman University on November 6, 2014 can be acknowledged as having been paid by this court to the head of the Ganman University affiliated with the Ganman University by entrusting the head of the Ganman University’s University with the physical examination of the Defendant. According to the above facts, the Defendant’s payment of all the examination expenses for physical examination at the above hospital constitutes litigation expenses and thus, the part seeking the payment of the above amount among the counterclaim of this case constitutes unlawful.

2. Basic facts

A. 1) The Plaintiff is a party member of the Plaintiff’s 3rd floor of Gangseo-si Clle City (hereinafter “Plaintiff’s Council member”).

(2) The Defendant is a dentist who operates the Plaintiff’s clinic from January 29, 2013 to December 20, 2013.

B. On January 29, 2013, the Defendant first applied to the Plaintiff’s Council member for treatment against the Defendant.

From that date, the main contents of the treatment executed by the plaintiff to the defendant are as follows:

The date of the order of priority.

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