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(영문) 대전지방법원 공주지원 2018.06.27 2017가합20353
채무부존재확인
Text

1. The plaintiffs' liability for damages caused by accidents listed in the separate list against the defendant is KRW 1,69,580 and this shall apply.

Reasons

1. Basic facts

A. As a pharmacist operating a D pharmacy located in Si/Gu, Plaintiff A entered into a fire comprehensive mutual aid agreement with the Plaintiff’s Federation of Korea (hereinafter “Plaintiff’s community credit cooperatives”) on March 13, 2015 to March 16:00 through March 13, 2018, with the effect that the Plaintiff’s community credit cooperative will be liable for damages to the victim due to an unexpected accident that occurred from the pharmaceutical product, etc. after the Plaintiff prepared, sold, or supplied the pharmaceutical product, etc. to others.

B. On July 29, 2016, around 10:00, the Defendant visited the above “D Pharmacy” and requested the Plaintiff to conduct a cleaning pledge, and the Plaintiff A, without any remedy, provided the Defendant with two diseases, not a cleaning pledge.

The Defendant considered both the two diseases at home and the two diseases of the Modern challenge as a long-term cleaning medicine, and appealed the clothes, and received emergency treatment after being sent to the emergency room of the Public Medical Center, and received hospitalized treatment at the B University Hospital from July 29, 2016 to August 1, 2016.

(As stated in the attached list, hereinafter referred to as the "accident of this case"). 【No dispute exists concerning the grounds for recognition】 The entries in the evidence Nos. 1, 2, 3, 5, and 6, and the purport of the whole pleadings.

2. The parties' assertion

A. The damages liability of the plaintiffs due to the instant accident against the defendant by the plaintiffs against the defendant is not in excess of the amount of KRW 95,742 [Article 95,742 [Article 8,700,000,000,000,000,000,000,000,000] of the transportation cost at the Public Medical Center x 0.2].

B. The Defendant’s alleged damages amounting to KRW 18,376,790 (i.e., medical expenses of KRW 1,376,790) should be recognized as damages amounting to the Defendant (i.e., KRW 5,000,000).

3. Determination

A. According to the facts of the recognition of the damages liability and the purport of the entire pleadings, Plaintiff A, a pharmacist, is necessary for the Defendant to deliver medicine requested by the Defendant, the patient.

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