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(영문) 대전지방법원 2019.01.18 2018나3715
치료비
Text

1. Of the judgment of the court of first instance, the part on Defendant B exceeding the amount ordered to be paid under the following paragraphs 2 and Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that operates an E Hospital located in Seo-gu Daejeon District Court (hereinafter “instant hospital”).

B. On May 17, 2017, Defendant B hospitalized in the instant hospital and received non-humane treatment, and discharged Defendant B on May 26, 2017.

C. The medical expenses to be paid by Defendant B to the Plaintiff for the above treatment are the total of KRW 1,050,780 (hereinafter “the instant medical expenses”).

[Reasons for Recognition] Part of Evidence No. 1 (Defendant B’s part in its preparation), Evidence No. 2, Evidence No. 3-1, and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above facts of recognition as to the medical expenses of this case, Defendant B is obligated to pay the Plaintiff the instant medical expenses.

As to this, Defendant B asserted that the treatment received at the instant hospital is unfair treatment, but this case’s treatment is related to Defendant B’s hospitalization at the instant hospital, and there is no counter-proof as to this, and thus, Defendant B’s above assertion is rejected.

B. The Plaintiff on the determination of damages for delay claims against Defendant B at the rate of 5% per annum from May 27, 2017, which is the day following the date of discharge from the instant hospital by Defendant B, to November 2, 2017, the final delivery date of the original copy of the instant payment order, and 15% per annum from the next day to the date of full payment.

In this case, there is no evidence to prove the date of payment of the instant medical expenses as of May 26, 2017. Rather, according to the part of the evidence No. 1 (Defendant No. B’s preparation part), the Plaintiff and Defendant B agreed to pay the medical expenses within the time limit for payment as determined by the Plaintiff. According to the purport of the evidence No. 3-1 and the entire pleadings, the Plaintiff made the instant medical expenses up to June 30, 2017 to Defendant B by June 30, 2017.

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