1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 2020, the Plaintiff is a “C Council member” located in Gangnam-gu Seoul Metropolitan Government (hereinafter “Defendant Hospital”) operated by the Defendant.

On February 13, 2020, the Defendant hospital visited and consulted, and received a male chest type operation, etc. (hereinafter “instant operation”).

The Plaintiff paid KRW 1,800,000 to the Defendant at the instant surgery cost.

B. On February 14, 2020, 17, and 24 of the same month, the Plaintiff visited the Defendant Hospital to undergo a physical condition after the surgery, and agreed to visit the Defendant Hospital on March 23, 2020, but did not visit.

(c)

On February 2020, the Plaintiff received a local transplant surgery from D on the breast side of the chest.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 6 (including numbers for items with various numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff, while providing counseling prior to the instant surgery with the employees of the Defendant and the Defendant (the head of the Counseling Office) and providing counseling prior to the instant surgery, clearly revealed that the Plaintiff, based on the right chest, intends to conduct a sex surgery, which is facing the lower part of the left chest, of the chest, to the right chest, and requested an operation to achieve its purpose. However, the instant surgery performed by the Defendant against the Plaintiff was not a sex surgery, but rather an operation to fit the height of the breast-path.

Therefore, the defendant was negligent in performing an operation which is entirely irrelevant to the plaintiff's purpose.

B. In addition, the Plaintiff’s chest was in need of a local transplant surgery to be carried out, and the Defendant rather carried out a local inhaled surgery, and as a result, the Plaintiff’s chest was more depthed after the instant surgery.

The defendant is negligent in performing the operation by selecting the improper method of procedure.

(c)

The defendant directly deals with the purpose and process of the instant surgery to the plaintiff, and the progress after the surgery.