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(영문) 서울북부지방법원 2017.07.13 2015가합23714
채무부존재확인
Text

1. Of the counterclaim of this case, the part on the claim for 10,180,000 won and damages for delay shall be dismissed.

2...

Reasons

Basic Facts

The relevant Plaintiff is a dentist working for the Do dental clinic located in the Seoul Northern-gu Seoul Metropolitan Government (hereinafter referred to as the “Plaintiff’s clinic”) and the Defendant is a person who has received a cream surgery from the Plaintiff.

On December 23, 2011, the Defendant, who received treatment against the Plaintiff Council members and the Defendant, was informed by the Plaintiff as to whether it is possible to perform a crypt and received an inspection related to the establishment of a crypt.

On December 27, 2011, the Defendant received artificial bones insertion operations and fixure fixed on the left-hand side of the Haakak-gu (hereinafter referred to as “Haak-gu”) No. 2 (hereinafter referred to as “35”), No. 1 Daegu on the left-hand side of the Haak-gu (hereinafter referred to as “Maak-gu”) and No. 2 Daegu on the left-hand side of the Haak-gu (hereinafter referred to as “Maak-gu”).

On February 20, 2012, the Plaintiff carried out the artificial bones insertion procedure and the support substitute method on the right side of 1 Daegu (hereinafter “46 Mean”) and the 2 Daegu (hereinafter “47 Mean”) of the 2nd right side of Haak (hereinafter “Mean”).

(B) The Plaintiff’s medical practice performed as above is called the instant medical practice (hereinafter “the instant medical practice”). The Defendant, from May 10, 2012 to May 37, 201, has discussed with the Plaintiff as to the method of compensating for the side effects, etc. that occurred after the relevant procedures were performed by the Plaintiff, such as removal of the reculatory support team on January 29, 2013 while complaining of abnormal sense and pains of the part of the Plaintiff from May 10, 2012 to 37.

On April 26, 2013, the Plaintiff and the Defendant: (a) made a written agreement between the Plaintiff and the Defendant that the Plaintiff would pay KRW 2,00,000 to the Defendant in relation to the above depreciations and pains through Nonparty E, a damage adjuster affiliated with Nonparty C, a damage adjuster affiliated with Nonparty C Co., Ltd.; and (b) made payment of KRW 2,00,000 under the pretext of the agreement; (c) “the instant agreement”; and (d) “the instant agreement entered into with the preparation of the instant agreement” is

A contract shall be completed, and the defendant shall prepare it around that time.

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