1. As to the Plaintiff’s KRW 2040,00 and KRW 40,00 among them, the Defendant shall be from January 30, 2019, and KRW 2 million.

1. The plaintiff is the United States of America and the defendant is a citizen of the Republic of Korea, and the governing law should be determined in accordance with the Private International Act with foreign elements in this case.

Article 26(1) of the Private International Act provides, “Where the parties concerned fail to choose the applicable law, a contract shall be governed by the law of the country most closely related to the contract, and Article 26(2) provides, “Where the parties concerned conduct any of the following performance under the contract, the law of the country where the habitual residence is located at the time of the conclusion of the contract shall be presumed to be the most closely related: Provided, That where the contract is concluded by occupation or business activities of the parties, it shall be presumed that the law of the country where the party’s place of business is located is the most closely related,” and Article 26(1)3 provides, “in the case of a delegation contract or any similar service

In addition, Article 32 (1) of the same Act provides that "an illegal act shall be governed by the law of the place where the act was committed."

In this case, the plaintiff asserts liability for nonperformance or tort in relation to medical practice under the medical contract (contract) entered into with the defendant, who is a doctor, and the medical institution (related to default liability) operated by the defendant has been located in the Republic of Korea (related to default liability) and medical practice in the Republic of Korea, it is reasonable to view that the law of the Republic of Korea applies according to the above provisions

2. Determination

가. 원고의 주장취지 (1) 수술 관련 손해배상책임(주장) 원고는 2019. 1. 25. 피고로부터 이전에 양쪽 눈두덩이의 지방 이식을 받았던 부분(길이 4mm , 폭 2.5mm )을 전부 제거하는 수술을 받기로 하였는데 피고는 이를 제거하지 않은 채 그 지방 부분의 위쪽과 아래쪽 눈두덩이 피부를 붙여 꿰매는 등...