beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The plaintiff's assertion and judgment
A. On December 3, 2004, the Defendant, the Plaintiff’s dentist, issued a false diagnosis of injury to C in order to mislead the Plaintiff. Accordingly, the Plaintiff was prosecuted for committing a violation of the Punishment of Violences, etc. Act (a collective injury, a deadly weapon, etc.) against C and became subject to a long-term criminal trial.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 4.5 billion (i.e., KRW 1.., KRW 1.2 billion in total loss of KRW 120 million in total in total, which was destroyed by the business investment loss of KRW 480 million in total, which was generated by the printing cost (i.e., KRW 600 million in total, KRW 1.2 billion in total, KRW 1.2 billion in total, and delay damages) among the total loss of KRW 1.2 billion in total.
B. Upon examining ex officio the judgment, Article 5-2(1) of the Trial of Small Claims Act provides that “In a claim aimed at paying a certain amount of money, other substitutes, or securities, a creditor shall not divide the claim for the purpose of receiving the application of the Trial of Small Claims Act and only part of the claim shall not be claimed.”
In light of the above legal principles, the following circumstances, which can be known by the respective entry and the entire purport of evidence Nos. 2 through 4 (including each number, if there is no dispute between the parties, or by the entire purport of argument Nos. 2 through 4 (including each number), i.e., the Plaintiff asserted that the Defendant’s tort would cause damage to KRW 4.5 billion, and that the Plaintiff would bring a separate lawsuit, not to waive the claim amount, as to the portion exceeding the claim amount. ② The claim amount of this case is extremely small amount of KRW 1 won, ③ there is no inevitable cause for the Plaintiff to claim part of the claim amount, such as the difference in the method of proving the cause of the claim, or the amount of the claim amount is not confirmed. ④ The Plaintiff had already filed the lawsuit against the Defendant.