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(영문) 서울중앙지방법원 2017.12.13 2016가단139184
진료비청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 14, 2014, the network B (hereinafter “the network”) was treated by the Plaintiff at the Katol University Seoul Epina Hospital (hereinafter “Plaintiff Hospital”) operated by the Plaintiff, and died on June 28, 2014.

B. On October 10, 2016, the Plaintiff sent to the Defendant content-certified mail stating that “The Deceased, on June 14, 2014, hospitalized the Plaintiff Hospital and discharged the Plaintiff on June 28, 2014 after the treatment, provided guidance on the unpaid medical expenses, but did not pay the unpaid medical expenses at the time of discharge. As such, the Plaintiff paid KRW 22,548,170 to the Defendant until October 21, 2016, and sent to the Plaintiff content-certified mail stating that “The prime time is U.S.”.

[Ground of recognition] Evidence No. 3, Evidence No. 1, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) from May 4, 2014 to May 31, 2014, the Plaintiff’s allegation was hospitalized and discharged from the hospital due to the heart in the circular section of the Plaintiff hospital. At the time, the Defendant paid only part of KRW 28,127,440, and requested the Defendant to deposit KRW 22,548,170 immediately after the discharge. The Plaintiff trusted the Defendant and demanded the Defendant to discharge the deceased, and the Defendant did not pay the Plaintiff a delay payment from June 1, 2014, which is the next day of discharge. 22,548,170, the Defendant was liable to pay the Plaintiff a delay payment for the deceased’s funeral expenses from May 2014 to the Plaintiff’s hospital, and the Defendant did not receive a delay payment for the deceased’s funeral expenses from the Plaintiff’s funeral hospital on June 14, 2014 to the Plaintiff at the time of the discharge.

The deceased is dead and two or more years of age.

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