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(영문) 울산지방법원 2015.10.07 2015나1123
치료비 등
Text

1. The plaintiff's appeal is dismissed.

2. The lawsuit of interim confirmation filed in the trial shall be dismissed;

3. Appeal.

Reasons

1. On March 20, 2009, the Plaintiff’s basic facts were administered by the Defendant for the purpose of treating boomer in Ulsan-gu Durterology located in Ulsan-gu C on March 2009, there is no dispute between the parties concerned.

2. We examine, ex officio, whether a lawsuit for interim confirmation is lawful.

A. The lawsuit for interim confirmation is a lawsuit seeking confirmation of the legal relationship when the judgment becomes a key issue in the course of the lawsuit (main sentence of Article 264(1) of the Civil Procedure Act). The lawsuit seeking interim confirmation is unlawful since it does not fall under a preliminary legal relationship as to this trial, and thus, it does not constitute a lawsuit for interim confirmation, as it does not fall under a preliminary legal relationship as to this trial, and thus, it is unlawful for the plaintiff to seek interim confirmation as to each of the above matters.

B. Article 250 of the Civil Procedure Act provides that a lawsuit for confirmation may also be instituted in order to determine whether or not a document verifying legal relations is authentic. As such, a document that is the object of a lawsuit seeking confirmation of whether or not a document is authentic refers to a document that directly verifies legal relations, and a document that verifies legal relations refers to a document that can directly prove the existence or absence of a specific legal relationship from the

The contents of the medical examination and treatment document prepared by the Defendant with the evidence No. 7 in this case are merely a document confirming a certain past fact, and the content of the document does not constitute a document proving the existence of a direct legal relationship from the contents of the document, and thus, it cannot be the subject of a lawsuit to confirm the authenticity of the document.

Therefore, the plaintiff's lawsuit seeking confirmation as to the above interpretation of medical records is also unlawful.

3. Determination as to the cause of the principal claim.

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