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(영문) 부산지방법원 2019.08.21 2019재나17
손해배상(기)
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

The Plaintiff, such as the confirmation of the judgment subject to a retrial, filed a lawsuit with Busan District Court No. 2012Ga239323 claiming damages against C, asserting that C, even after surgery due to the medical negligence of C, had not been properly viewed as having been performed, and caused anesthesia’s disability, such as anesthesia, even after surgery was performed due to C’s medical negligence.

(hereinafter referred to as “the previous lawsuit”). The Defendant is a urology and doctor of DNA hospital who has given physical appraisal to the Plaintiff by means of the said court’s entrustment of physical appraisal in the previous lawsuit.

On September 11, 2013, the above court rendered a judgment dismissing the Plaintiff’s claim against C, and the appellate court appealed but dismissed the Plaintiff’s appeal on February 7, 2014. Although the Plaintiff appealed, the Supreme Court dismissed the appeal on July 10, 2014, the above judgment became final and conclusive around that time.

The plaintiff filed a lawsuit against the defendant for damages as Busan District Court Decision 2014Gada47405 on the ground that the defendant prepared a false physical appraisal document against the plaintiff in the previous lawsuit, such as the confirmation of judgment subject to a retrial, but the above court rendered a judgment dismissing the plaintiff's claim on July 22, 2014.

On December 11, 2015, the Plaintiff appealed as Busan District Court 2014Na12383, but the above court rendered a ruling dismissing the Plaintiff’s appeal (hereinafter “the ruling on review”).

On May 12, 2016, the Supreme Court rendered a judgment dismissing the Plaintiff’s final appeal on May 12, 2016, which became final and conclusive as it became final and conclusive.

[Ground of recognition] The plaintiff's assertion as to the legitimacy of a suit for a retrial of substantial facts in this court shall make an accurate appraisal as a physical appraiser of the previous suit, but the plaintiff's false physical appraisal statement against the plaintiff.

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