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(영문) 춘천지방법원 2019.07.03 2018나50458
기타(금전)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. In full view of the following facts: (a) there is no dispute between the parties to the determination on the cause of the claim; (b) the written evidence Nos. 1, 2, and 3; and (c) the result of the request for the examination of the medical records and the purport of the entire pleadings with respect to the director of the hospital at this court; (c) the Plaintiff is a dentist who operates the department “E” in the original city D; (d) the Defendant is a patient who was a patient who was within the above dental department; (b) the Plaintiff has performed 12 crys to the Defendant on October 25, 2016; and (c) was paid in full from the Defendant on the basis of the degree of the procedure; and (c) the medical expenses was agreed to be paid in installments in accordance with the degree of the procedure; and (d) the Plaintiff had performed the crym operation to the Defendant until the treatment was suspended; and (e) had been recognized that the treatment expenses were covered by the Health Insurance Act No. 2750,70,700 won.

Therefore, barring special circumstances, the defendant is obligated to pay to the plaintiff KRW 5,742,700 and damages for delay.

2. The defendant's assertion asserts that the plaintiff paid 300,000 won out of the medical expenses.

The facts that the Defendant paid medical expenses of KRW 300,00 to the Plaintiff around the spring in 2017, which was six months after the discontinuance of treatment, do not conflict between the parties (the Plaintiff’s legal representative was paid KRW 300,000,000 from the Defendant around the above time due to the Plaintiff’s statement in the preparatory document dated November 12, 2018 on the date of pleading on March 6, 2019. The Plaintiff’s legal representative’s statement that “no money was received from the Defendant” on the date of pleading on May 29, 2019 appears to the purport that “no additional medical expenses was paid after receiving KRW 300,000 from the Defendant”), and the Defendant’s above assertion is with merit.

3. According to the conclusion, the Defendant seeks to pay the Plaintiff KRW 5,442,70 (i.e., KRW 5,742,700 - KRW 300,00) and the said payment obligation.

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