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(영문) 부산지방법원 2017.07.18 2017가단14358
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant is a doctor to operate the "AD Institute" (hereinafter referred to as the "instant hospital") located in the third floor of the building located in Busan-gu Busan-gu C, Busan-gu, and the plaintiff is a person who received medical treatment at the instant hospital.

On October 10, 2016, the Plaintiff was first admitted to the instant hospital and received medical treatment from the Defendant by November 14, 2016.

On November 14, 2016, the Defendant reported to 112 on the ground that the Plaintiff avoided disturbance at the instant hospital, and the police dispatched the Plaintiff to the instant hospital and taken measures to return home. On the same day, the Defendant prepared a written request for medical benefits with the purport that the Plaintiff would request another hospital to treat the Plaintiff.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 through 5, the purport of the whole pleadings, and the argument of the plaintiff's argument in the judgment of the court below, the defendant argued that the examination result, etc. was false to the plaintiff in order to receive medical expenses at the hospital of this case, forged official documents, rejected the plaintiff, and damaged the plaintiff's honor by causing the plaintiff to have influenced.

Therefore, the defendant is obligated to pay 70,000,000 won to the plaintiff for damages.

(1) The Plaintiff claimed KRW 71,00,000 from May 31, 2017 to July 11, 2017. The Plaintiff claimed KRW 30,000,00 for the Defendant’s false statement on the date of the first pleading, and KRW 40,000,000 for the defamation, and KRW 1,00,000 for the defamation, and KRW 71,00,000 for the sum of 71,00,000,000 for the first time of pleading. However, the Plaintiff did not explicitly state the purport of the claim, and the Plaintiff did not claim for consolation money on the ground that the Plaintiff did not state the positive and passive damages, etc.

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