1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Defendant is a dentist who operated the Dental clinic located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant hospital”).

On June 2017, the Plaintiff entered into a corrective treatment contract with the Defendant (hereinafter “instant medical treatment contract”) and paid KRW 2,900,000 to the Defendant for medical expenses.

B. On May 17, 2018, Eacademic Association sent a text message to its members that “inciting a specific device, such as a speculative device, etc., the act of inducing patients through false or exaggerated advertisements such as discount events, etc., is an act of obviously inefficient and should be eradicated as a medical person. If there is no effort to improve the medical institution that makes false or exaggerated advertisements, it would suspend or cancel the membership of its employees working at the relevant medical institution.” At that time, 14 of the 18 medical doctor of the instant hospital retired.

C. The number of patients, including the Plaintiff, who entered into a corrective treatment contract with the Defendant, filed an application for collective dispute mediation with the Korea Consumer Agency upon demanding the Korea Consumer Agency to refund medical expenses. On August 27, 2018, the said Commission decided that the instant hospital was responsible for refunding the total amount of pre-paid medical expenses to the patients, as it failed to take appropriate measures for corrective treatment due to frequent replacement and partial medical treatment of the doctors in charge.

On May 2018, the Plaintiff received correctional treatment, such as growing two upper parts and two lower parts of the instant hospital, and was unable to receive corrective treatment for a long time due to the suspension of medical treatment at the instant hospital, and continued to receive correctional treatment from other dental hospitals since June 2018.

[Reasons for Recognition] Gap evidence Nos. 1- 3, Eul evidence No. 2, the purport of the whole pleadings

2. Determination

A. Whether the instant medical treatment contract was rescinded on the ground of nonperformance is merely impossible.