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(영문) 부산지방법원서부지원 2019.05.24 2018가단5094
손해배상(의)
Text

1. The Defendant’s KRW 33,00,000 and the Plaintiff’s annual rate of KRW 5% from February 26, 2018 to April 23, 2018.

Reasons

1. Basic facts

A. On October 2012, the Plaintiff visited the dental clinic operated by the Defendant and started to receive medical treatment for the Plaintiff’s dental clinic from the Defendant.

At the time, the defendant diagnosed that the plaintiff's pathal surgery should be conducted for the pathal pathal of the pathal pathal pathal pathal pathal pathal pathal, and the plaintiff performed the balthal pathal procedure following the defendant's diagnosis.

B. For the period of 2017, the Plaintiff: (a) extracted seven dental clinics from the Defendant’s dental clinic; and (b) received treatment to install 16 dental clinics and temporary scrap metal products; (c) in the process, the Plaintiff’s ging problem continues to arise; and (d) the Plaintiff’s ging and temporary scrap metal depiked.

C. On March 2017, the Plaintiff was diagnosed to the effect that it is possible to perform a catry operation with respect to an infant born by receiving treatment from C Hospital and E members located in B, Busan, and then is currently undergoing a catry operation at G Council members located in F, Busan, which is located in G Council members.

On July 23, 2017, the Defendant prepared a document (Evidence A 1) to the effect that “the Plaintiff promises to pay an amount equivalent to the Plaintiff’s dental treatment at a latest in the course of treatment,” and paid KRW 2 million to the Plaintiff on July 25, 2017.

E. Around September 2017, the Defendant prepared and ordered a document (Evidence 2) stating that the Plaintiff will pay KRW 22 million to the Plaintiff (Evidence 2) and, on November 8, 2017, the Defendant promised to impose physical and mental responsibilities on the part of H by the internal date. (Evidence 3).

F. On January 2018, the Defendant prepared a document stating the purport that the Plaintiff would pay KRW 33 million as damages up to that point by up to February 25, 2018, and that the Plaintiff would be paid in installments by up to February 25, 2018 (Evidence A No. 4, hereinafter below referred to as “each of the instant documents”).

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 8.

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