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(영문) 인천지방법원 2020.05.27 2018나69342
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff asserted that the plaintiff paid 1.6 million won in cash to the defendant for the expenses for clinical treatment, but the defendant did not have received medical treatment from the plaintiff and rejected dental treatment.

Accordingly, the Defendant is obligated to pay the Plaintiff the sum of KRW 1.6 million for medical expenses already paid in compensation for damages, KRW 2 million for dental treatment expenses separately paid by the Plaintiff due to the Defendant’s refusal of medical treatment, and KRW 5.1 million for consolation money.

2. In full view of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff paid 1.6 million won to the Defendant as medical expenses, and there is no other evidence to acknowledge that the evidence submitted by the Plaintiff was insufficient to acknowledge that the Plaintiff paid 1.6 million won to the Defendant.

Therefore, the plaintiff's claim of this case premised on the payment of medical expenses to the defendant is without reason to further examine.

1) There is no direct evidence to prove that the Plaintiff paid KRW 1.6 million to the Defendant on November 9, 2017. 2) The Plaintiff asserted that the Plaintiff was refused to issue the Cash Receipt although it was requested to do so, but it is an exceptional reason to refuse to issue the Cash Receipt at the hospital.

On November 6, 2017, the Plaintiff appears to have received cash receipts for 6,000 won of medical expenses.

3) On November 10, 2017, the Plaintiff paid KRW 1,60,000,000 out of the medical expenses of KRW 1.7 million, and paid the remainder KRW 1.6 million. 4) On November 9, 2017, the Plaintiff received five-time medical treatment from the Defendant’s dental doctor’s office, such as psychotropic treatment and crym treatment, and paid medical expenses each time.

3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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