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(영문) 의정부지방법원고양지원 2019.05.31 2018가합76791
채무부존재확인
Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim is dismissed.

3. The costs of the lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a dentist who operates dental services and clinics (hereinafter “instant dental services”) on the 3rd floor of the Ilyang-gu Seoul Special Metropolitan City C building in Goyang-si.

B. On May 18, 2018, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) entered into a medical contract with the Plaintiff on the condition that the instant dental surgery was performed in the state of bad faith, bad faith, and bad faith (hereinafter “instant medical contract”).

원고는 2018. 5. 18. 피고의 하악 전치부에 2개의 임플란트를 식립하였고, 2018. 5. 19. 하악 양측 구치부에 2개의 임플란트를 추가로 식립하였으며, 2018. 5. 28. 상악에 탄성의치(flexible denture, 금속구조물을 사용하지 아니하여 가볍고 휘어지는 틀니)를 장착하였으며, 2018. 8. 1. 크라운(보철물)을 씌우기 위한 인상을 떴고, 2018. 8. 7. 크라운 및 임시틀니를 장착하였다.

C. On the other hand, around August 13, 2018, the treatment of the Plaintiff and the Defendant was suspended after the conflict between the Plaintiff and the Defendant regarding the terms and conditions of the instant medical treatment contract and the method of medical treatment.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff, with the consent of the defendant, has been engaged in the operation of a disturbance and the production of a partial mold, and four of the eggs have been successfully laid, so that the part mold can be laid down, and there is no legacy or merger evidence related to the procedure.

Therefore, there is no liability for damages caused by medical malpractice of the plaintiff against the defendant.

B. At the time of the conclusion of the instant medical treatment contract, the Plaintiff, as the Defendant had previously used, is in the entire framework by means of cutting off 2 to 4 crypities and cutting off crypities, as the Defendant had already used (the method of doing so).

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