물품대금
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
The plaintiff is a company that engages in the manufacturing business of medical devices, wholesale business, retail business, etc.
The Defendants jointly operate a veterinary hospital (hereinafter “instant veterinary hospital”) with the trade name “E”.
F is a person who engages in the intermediate distribution, intermediation, etc. of medical devices under the trade name of “G” (hereinafter referred to as “G”).
The Defendants received a total of 15 types of medical devices (hereinafter “the instant medical devices”) through G or F when opening the instant veterinary hospital in early 2019.
On February 14, 2019, the Defendants drafted two different sales contracts with respect to the instant medical device between F and F, as follows:
The details and amounts of the goods specified in Article 2 (Composition of Goods) of the Sales Contract, the seller of which is the “G”, shall be determined as follows, and the detailed description of the goods or the composition of detailed goods shall be determined based on the estimates, etc. attached at the time of the conclusion of this contract:
- Attachment of estimates - Total amount of goods: 76 million won
2. The purchase price of the goods shall be KRW 76 million, which is the sum of the goods as set out in the above 1.
Article 3 (Establishment and Acceptance of Goods) The date of the establishment of a good shall be March 5, 2019 under mutual consultation between the contracting parties.
Provided, That the installation date of a good may be changed in consultation with each other.
B (the defendant, hereinafter the same shall apply) shall promptly verify the quantity, condition, operation, etc. of the goods after the establishment of the goods and, in the absence of any error, prepare or notify the documents of confirmation of delivery to A (G; hereinafter the same shall apply).
Article 4 (Methods of Payment for Goods) B shall be paid to A in accordance with the amount and schedule set forth in the following subparagraphs:
Down Payment: The remainder of KRW 22 million on February 14, 2019: 54 million on March 2019, and other cash or financial settlement Defendants are the first sale contract that sells G on February 14, 2019 and the medical device of this case.