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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. Basic facts
A. On October 2009, the Plaintiff received the instant surgery from the Defendant, a medical doctor, for the right blusium from the Defendant (hereinafter “instant surgery”).
B. On the ground that the Defendant erred in performing the instant surgery, the Plaintiff filed a lawsuit claiming for payment of KRW 2,000 and damages for delay against the Defendant (hereinafter “instant first lawsuit”) with Seoul Southern District Court 2010 Ghana77963, but was dismissed on September 3, 2010.
The Plaintiff appealed and the appellate court dismissed the appeal on June 9, 201 on the ground that the judgment of the first instance court should be revoked and the judgment of the court of first instance cannot be dismissed on the grounds that the Plaintiff’s claim is lawful and there is no evidence to acknowledge the Defendant’s medical negligence (Seoul Southern District Court 2010Na8841). The Plaintiff appealed on October 13, 201, but the appeal was dismissed on October 13, 201 (Supreme Court Decision 2011Da53805).
C. In 2012, the Plaintiff filed a lawsuit seeking payment of KRW 1,000 against the Defendant on the ground that the Defendant erred in performing the instant surgery and caused damage, such as elbowing, etc., to the Plaintiff (hereinafter “instant second suit”). The Plaintiff filed a lawsuit seeking payment of KRW 1,00 with the Seoul Southern District Court 201Da145617 (hereinafter “each of the instant stations”), but was dismissed on April 16, 2013.
Although the Plaintiff appealed (the Plaintiff added a claim for damages for delay at the appellate court), the appellate court dismissed the appeal on September 12, 2013 on the ground that there is no evidence to acknowledge the Defendant’s medical negligence (Seoul Southern District Court 2012Na5171), and the Plaintiff appealed on December 12, 2013, but the said judgment became final and conclusive (Supreme Court Decision 2013Da73490).
recognized.