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(영문) 부산지방법원 2018.04.19 2017재나6394
손해배상(기)
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. Confirmation, etc. of the judgment subject to review

A. 1) The Plaintiff filed a lawsuit against C claiming compensation for damages with the Busan District Court 2012Gapo239323, asserting that C had not been able to properly dynasium as before the surgery even after the surgery was performed due to medical negligence of C, and that C had suffered disability, such as anesthesia’s failure to dynasium. (2) The Defendant is a DNA hospital bynasium and doctor who conducted physical diagnosis with the Plaintiff by the above court’s physical entrustment.

3) On September 11, 2013, the above court rendered a judgment dismissing the Plaintiff’s claim against C. The Plaintiff appealed but the appellate court dismissed the Plaintiff’s appeal on February 7, 2014. However, the Supreme Court dismissed the Plaintiff’s appeal on July 10, 2014, and the above judgment became final and conclusive around that time. (B) The Plaintiff filed a lawsuit against the Defendant for damages as Busan District Court Decision 2014Gada47405 on the ground that the Defendant prepared a false physical appraisal document against the Plaintiff in the instant case No. 2012Gabu239323. However, the above court rendered a judgment dismissing the Plaintiff’s claim on July 22, 2014.

2) The Plaintiff appealed as Busan District Court 2014Na12383, which was dissatisfied with the above judgment, but the above court dismissed the Plaintiff’s appeal on December 11, 2015 (hereinafter “the judgment on review”).

(3) The Plaintiff appealed to the judgment subject to a retrial and appealed to Supreme Court Decision 2016Da3195, but the Supreme Court rendered a judgment dismissing the Plaintiff’s appeal on May 12, 2016, and the judgment subject to a retrial became final and conclusive as it is.

[Ground for recognition] Unsatisfy, substantial facts in this court

2. Determination on the legitimacy of a retrial suit

A. The plaintiff's assertion is that the defendant should make accurate appraisal as a physical appraiser in the above case No. 2012 Ghana239323.

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