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(영문) 서울중앙지방법원 2020.11.11 2020나26026
채무부존재확인
Text

Of the judgment of the first instance, with respect to the counterclaim part against the plaintiff (Counterclaim defendant) B, the amount of payment order below.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of “an additional judgment” and “an additional judgment” to the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The second part of the judgment of the court of first instance, "80,000 won for three processed values" in the seventh part of the judgment of the court of first instance, shall be "80,000 won for four processed values."

The 8th sentence of the first instance judgment is as follows.

Therefore, medical expenses should be determined according to each item of medical expenses first determined by the plaintiff B and the defendant.

At the time of the initial medical treatment contract, the Plaintiff alleged that the Plaintiff B agreed to provide KRW 1.2 million per sheet, and KRW 200,000 per sheet per unit (the Plaintiff B agreed to provide KRW 3.50,00 per unit of processed values, but it is not sufficient to recognize that there was such agreement between the Plaintiff B and the Defendant on the sole basis of the evidence No. 20, and there is no other evidence to recognize otherwise) and that the peltory was set as KRW 1,00,000 per sheet.

Accordingly, when the medical expenses are estimated, 9.4 million won (=6.2 million won x 6.6 million won x 1.2 million won x 6) is 7,830,200 won (i.e., KRW 200,000 x 6) when it is discounted according to the rate initially agreed.

Therefore, Plaintiff B shall return to the Defendant the medical fees exceeding the above amount of KRW 1,669,80 (=9,500,000 - KRW 7,830,200) since it was received beyond the scope stipulated in the medical contract.

In the 8th judgment of the first instance, “4. conclusion” portion of “the Defendant,” and Plaintiff B’s 10,658,240 won in total due to damages caused by tort and restitution of unjust enrichment (= KRW 9,321,640 in total) and damages amounting to KRW 9,321,640 in total, the amount of KRW 9,321,640 in compensation amount, which is the date of occurrence of the instant accident, shall be subject to dispute as to the scope of performance obligation from September 4, 2017, when the amount was paid for KRW 1,336,60 in money.

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