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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion is a person who was in a de facto marital relationship with the deceased C (hereinafter “the deceased”). The Defendant, as a herb doctor, is an oriental medical doctor, who operates D’s “D’s clinic.” On January 15, 2015, the deceased’s visit the Defendant’s hospital on January 16, 2015, including the Plaintiff’s visit to and take medicines out, and took medicines out on February 3, 2015. On March 17, 2015, after having been hospitalized in the E hospital on March 17, 2015, the deceased’s medical malpractice to undergo a simplified surgery, and the deceased died on August 19, 2015.
Since the Deceased died with the Defendant’s medical malpractice, the Defendant is liable to compensate the Plaintiff for damages incurred therefrom.
2. Comprehensively taking account of the overall purport of the arguments as to the legitimacy of the instant lawsuit as stated in the evidence Nos. 1-1, 2, and 2, the Plaintiff was paid a total of KRW 66,400,000 from April 28, 2015 to August 28, 2015 by the Defendant in relation to the deceased’s illness and death, and additionally paid KRW 10,000,000 from the Defendant on September 8, 2015, the Plaintiff agreed that “I do not raise any civil objection against the instant case in the future on the medical treatment costs and the daily payment of KRW 10,00,000,000.”
The above agreement is deemed to be an agreement on the suit that the defendant will no longer claim for damages with respect to the death of the deceased, and the lawsuit in this case is unlawful as there is no benefit of protection of rights.
As to this, the plaintiff asserted that Eul evidence Nos. 2 (Declaration) only used it as a receipt to receive 10 million won in money. However, it is obvious that it is an agreement to bring an action, and the circumstances that can be viewed as meaning different from the description do not peep.
Therefore, the plaintiff's above assertion is not accepted.
3. As such, the instant lawsuit is unlawful and thus dismissed.