Among the judgment of the first instance, the part against the plaintiff corresponding to the money ordering payment shall be revoked.

The defendant.

Facts of recognition

A. On December 9, 2014, the Plaintiff: (a) visited the Cheongju Council operated by the Defendant to receive treatment related to the Cheongju, and was consulted on the Roe-cll lay procedure; and (b) obtained the above laca (hereinafter “instant procedure”).

Accordingly, the Plaintiff received the instant procedure from the Defendant over several times from around that time, such as a tugboat operation, a regeneration management operation, and a drug medication operation.

B. However, after the instant procedure, symptoms, such as pain, salt, coloring, etc., were revealed on both sides of the Plaintiff’s side.

C. Around February 2015, the Plaintiff demanded the Defendant to suspend and refund the instant procedure. In that process, around February 2015, the Plaintiff signed a written statement stating that “I will not be held liable for medical personnel if there is any reaction or malfunction with respect to skins (hereinafter “first written statement”)” to the Defendant. On March 14, 2015, the Plaintiff was fully refunded KRW 1 million from the Defendant to the Defendant, stating that “I will no longer be held liable for any civil or criminal responsibility for the instant procedure” (hereinafter “second written statement”).

On the other hand, the defendant was prosecuted on November 29, 2016 for the crime of injury caused by occupational negligence in relation to the instant procedure conducted by the plaintiff, E, and F.

In the above criminal trial, the defendant did not breach his duty of care in the course of the instant procedure against the plaintiff et al., and argued that there was no causation between the instant procedure and the injury suffered by the plaintiff et al., but the court of first instance found the defendant guilty of all the facts charged and sentenced the defendant to a fine of KRW 10 million.

(The Daejeon District Court 2017 Godan644). The defendant filed an appeal against this. However, the Daejeon District Court rendered a final appeal on May 2, 2018 on the ground of failure to file an appellate brief.