1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, or Plaintiff for retrial).

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

As Busan District Court 2013Gahap41953, the Plaintiff filed a lawsuit against the Defendant by asserting that there is no liability for damages against the Defendant as stated in the purport of the claim in the lawsuit, with respect to an accident described in the separate sheet, and the Defendant filed a counterclaim against the Plaintiff, claiming that the Defendant would be liable for damages due to a tort since the Plaintiff breached his duty of care or duty of explanation as a doctor, and that the Defendant sustained injury against the Defendant by violating his duty of care or duty of explanation.

B. On January 10, 2018, Busan District Court rendered a judgment of the first instance court citing part of the Plaintiff’s claim on the ground that the Plaintiff’s tort liability against the Defendant is recognized on the grounds that the Plaintiff’s breach of the Plaintiff’s duty of care and duty of explanation regarding the part on the part on the Defendant’s sub-claim damage.

C. On October 18, 2018, the Defendant appealed against the judgment of the first instance court (Seoul High Court No. 2018Na5097, the main lawsuit, No. 2018Na5106, the Busan High Court declared that all appeals against the Defendant’s main lawsuit and counterclaim were dismissed, and the judgment subject to a retrial was served on the Defendant on October 24, 2018.

On February 14, 2019, the Supreme Court rendered a judgment dismissing the Defendant’s final appeal against the judgment subject to a final appeal (Supreme Court Decision 2018Da289832, Supreme Court Decision 2018Da289849, Supreme Court Decision 2010 Decided February 22, 2019). The judgment subject to a final appeal became final and conclusive on February 22, 2019.

2. The assertion and judgment

A. The following grounds exist in the judgment subject to a retrial by the Defendant.

1. The plaintiff No. 46.