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(영문) 서울고등법원 2017.06.15 2017나2003909
진료비
Text

1. Of the judgment of the court of first instance, KRW 30,00,000 against the defendant and the period therefor shall be from November 5, 2016 to December 22, 2016.

Reasons

1. Judgment on the parties' arguments

A. Determination as to the cause of the claim 1) A’s evidence Nos. 1 through 3, and Gap’s evidence Nos. 12 through 15, and the purport of the whole pleadings, as a whole, are as follows: ① Co-Defendant A of the first instance trial (hereinafter “A”).

(2) On May 2, 2013, 2013, the Plaintiff filed a petition for the Salymnasium and degradation, and the Plaintiff’s Seoul Hospital (hereinafter “Plaintiff Hospital”) located in Seongdong-gu Seoul Metropolitan Government 222-1.

(2) The unpaid portion of the medical expenses incurred from May 2, 2013 to October 10, 2016 due to the above hospitalization is 64,170,420; and ③ the Defendant’s co-defendant C (hereinafter “C”) of the first instance trial on May 2, 2013 and the first instance trial on the part of the patient.

(2) On July 26, 2013, the Defendant is jointly and severally liable to pay the Plaintiff KRW 30,000,000,000, which is the maximum guarantee amount, and the delay damages, to the Plaintiff, within the limit of KRW 30,000.

B. The defendant's assertion 1 is that, in the situation where the plaintiff restricted the defendant's interview against A, a joint and several surety contract was concluded in order to cancel the restriction of interview. Thus, the above joint and several surety contract can be invalidated or cancelled as it concluded a remarkably unfair contract by taking advantage of the defendant's poor situation.

According to the overall purport of the statements and arguments of evidence Nos. 5, 6, 8, and 3 and 4, the plaintiff was allowed to visit the defendant's meeting since July 23, 2013 at the request of E, a legal spouse of A, but the defendant presented his/her power of attorney prepared by his/her children, including C on August 9, 2013 and demanded the cancellation of the restriction of interview.

However, the above facts are alone.

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