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(영문) 서울중앙지방법원 2015.11.12 2014가단5197600
진료비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The Plaintiff is a sexual surgery who operates a hospital under the trade name of the Gangnam-gu Seoul Metropolitan Government “Dsung Hospital” (hereinafter “D Hospital”), and the Defendant ( women and students in 1989) is a broadcasting entertainment.

B. On April 12, 2012, the Defendant was consulted with the D Hospital on April 20, 2012, and received from the D Hospital, on April 20, 2012, the surgery for the dynasium and the hynasium (V) surgery, and the surgery for the hynasium therapy conducted at Ethical clinic, which is a narrow hospital.

(hereinafter “instant surgery”). C.

Meanwhile, at the time of the instant surgery, the Defendant entered into an exclusive management contract with the “G” operated by Nonparty F and received down payment.

(B) On July 16, 2012, the Defendant entered into an exclusive management agreement with the “H” established by F in its mother’s name. 【Ground for recognition” without any dispute, entry in Gap’s 1 through 4 (including virtual numbers; hereinafter the same applies) and the purport of the entire pleadings.

2. The Plaintiff’s assertion on the cause of the Plaintiff’s claim concluded a medical contract with F on behalf of the Defendant and performed the instant surgery. As such, the Defendant, who is a party to the contract, is obligated to pay to the Plaintiff the medical expenses and damages for delay, including the sum of KRW 15 million for the pulse surgery, KRW 8 million for the pulse surgery, KRW 9.5 million for the pulse therapy, and KRW 32.5 million for the treatment expenses for the pulse therapy.

3. According to the Plaintiff’s assertion, as to whether the Defendant formed the instant medical treatment contract with the Plaintiff as his agent, it is not sufficient to recognize the Plaintiff solely on the written evidence Nos. 5, 12, and 13, and there is no other evidence.

Rather, in light of the overall purport of the arguments on the evidence Nos. 1, 2, 4, and 13, F recommended or instructed the Defendant, who is an affiliated artist, to undergo a sex surgery for entertainment activities, while permitting the Plaintiff to utilize pictures, etc. before and after the sex surgery between the Plaintiff and the Plaintiff for marketing, such as public relations at the hospital.

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