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(영문) 광주지방법원 2017.10.18 2017가단5612
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts without dispute;

A. The Plaintiff’s medical records 1) around 23:30 on July 12, 2014, around 23:30, A was involved in a traffic accident that conflicts with A, on board a bicycle in the vicinity of the Scientific High School located in the Seoul Northern-dong, Gwangju. 2) A, due to the said traffic accident, was treated at the hospital and Hanwon, and was treated at the Plaintiff hospital from December 9 of the same year.

Plaintiff

In the hospital, A was hospitalized in the hospital for the purpose of 3 days from February 25, 2015, the hospital implemented the lapopic laption and the lapopic laption.

B. After the completion of the above medical treatment, the Plaintiff filed a claim for KRW 2,186,820 for medical expenses against the Defendant who guaranteed the payment of A’s medical expenses pursuant to the Guarantee of Automobile Accident Compensation Act.

Accordingly, on May 14, 2015, the Defendant paid the Plaintiff the full amount of the above medical expenses, and the same year.

7. Around September, the Medical Fee Dispute Resolution Council (hereinafter referred to as the “Council”) filed a request for review of the medical fees for the three-day period of hospitalization.

2) On July 20, 2016, the Council rendered a decision to adjust the admission fee and the examination fee of KRW 2,091,060, which constitutes 209,100 among the above medical expenses, and impose the examination fee of KRW 209,100 on the Plaintiff (hereinafter “instant decision-making”).

The review of the instant case is the same year.

8. 1. The plaintiff was served on 1.

3. On August 30, 2016, the Plaintiff filed a lawsuit seeking confirmation of existence of an obligation with the Gwangju District Court 2016Kadan31621 to the effect that the Plaintiff contests the above review decision.

However, the lawsuit was concluded on February 14, 2017, by the Plaintiff’s absence on the date of pleading 1 and 2 times of the lawsuit.

2. Determination as to the legitimacy of the instant lawsuit

A. Summary of the defense prior to the merits of this case

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