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(영문) 대전지방법원 2017.02.03 2016나105495
손해배상(의)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

The reasons why the court should explain the plaintiff's argument concerning this case are as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment on the plaintiff's argument as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In addition, the plaintiff's assertion of medical practice is a result obligation, as it is against the means of debt, to perform cryp treatment or to perform cryp treatment.

The Plaintiff paid KRW 3,600,000 to the Defendant with the cost of distributing for three patriarches (including the cost of manufacturing the plastic scrap metal), and KRW 900,000 to the cost of performing the steel treatment for two patriarches, but it is not isolated, and is still in a state in which there is no scrap.

After the Defendant’s four dysium (the total sum of KRW 2,400,00 for each 600,000 for each dysium), the Plaintiff paid KRW 500,00 to the Defendant as a general dysium, but the Defendant was performing other dysium and did not return the said four dysium.

In addition, the plaintiff paid 450,000 won to the medical expenses when the defendant opened one dental infant while treating the plaintiff.

Therefore, the defendant is obligated to pay 7,850,000 won to the plaintiff as damages.

Judgment

As a result, the plaintiff's assertion is that the defendant is not liable for default because the procedure of crypt or the procedure of crypt treatment has not been completed.

However, in the instant case, the Defendant: (a) laid a fluor fixed body to the Plaintiff; (b) laid the fluor, installed the fluor in the instant case; (c) complaining of the inconvenience of the Plaintiff, such as non-conformity; and (d) filed a dispute with the Defendant again in the process of manufacturing the fluort and coordinating the fluort; and (c) rejected the Plaintiff’

A’s physical appraisal of Gap’s No. 4-1, and to Tol University Head of the Court of First Instance.

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