beta
Text
1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
Reasons
1. Judgment as to the primary cause of claim
A. On January 9, 2019 and February 14, 2019, the Plaintiff asserted that he/she received FImmms treatment at B Hospital operated by the Defendant (hereinafter “FIms treatment”) but rather, received treatment at another hospital due to extreme pain.
On April 3, 2019, the Plaintiff entered into an oral agreement with the Defendant to receive refund of part of the above FIms treatment costs, and then received a file from the Defendant’s employees on April 3, 2019, stating the agreed amount of KRW 10,60,000. This constitutes a contract offer and the Plaintiff consented to the above offer. As such, the Plaintiff and the Defendant entered into an agreement that “the Defendant would refund the Plaintiff KRW 10,600,000 to the Plaintiff” (hereinafter “instant agreement”).
Therefore, the defendant is obliged to pay to the plaintiff 10,600,000 won of the contract amount of this case and damages for delay.
B. Therefore, according to the overall purport of the statements and arguments in the health room, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2, the defendant's employee sent to the plaintiff's representative by e-mail a sample of an agreement containing the content that "B hospital has agreed with the plaintiff's agent on April 3, 2019, and "B hospital has to refund part of medical expenses to the patient at an intentional level." After consultation between the plaintiff's agent and the defendant's employee about the calculation of medical expenses, etc. paid by the plaintiff's agent at the hospital B and other hospital, the defendant's employee may recognize that the plaintiff's employee sent the file of this case No. 10,600,000 won to the plaintiff's agent by e-mail, but on the other hand, the evidence and the purport of the entire arguments mentioned prior to the above recognition, namely, the agreement between the plaintiff and the defendant, at least as to the core content of the contract amount.