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(영문) 울산지방법원 2017.11.02 2016가합23140

물품대금

Text

1. As to KRW 616,00,000 among the Plaintiff and KRW 364,000,000, the Defendant shall pay to the Plaintiff the year from August 13, 2016 to September 21, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operates the development, manufacture, and distribution of medical device software, and the Defendant is a non-profit medical corporation that operates the D Hospital located in Ulsan-gu Seoul (hereinafter “D Hospital”).

B. On June 14, 2016, the Plaintiff entered into a contract for the supply of medical equipment and the installation of equipment with the Defendant, and entered into a contract for the supply of medical equipment (hereinafter “supply contract”) with the content that the Plaintiff would receive within three weeks after completing the installation and examination of the E medical equipment (hereinafter “supply contract”) in total of KRW 364,00,000 (=182,00,000 x 2 x value-added tax; hereinafter the same shall apply).

7. 22. 22. D Hospital installed two E medical equipment.

C. On July 22, 2016, the Plaintiff entered into a joint operation agreement with the Defendant on three medical equipment units (hereinafter “joint operation agreement”) and entered into a joint operation agreement with the E medical equipment unit (hereinafter “instant agreement”). On the same day, three units of E medical equipment units were installed in the D Hospital. The main contents of the joint operation agreement are as follows.

1. The purpose of this contract is to introduce and install E medical equipment through the Plaintiff and to agree on the matters necessary for the joint operation under mutual responsibility, distribution of profits, etc.

3. Introduction and installation of equipment;

A. The Plaintiff is responsible for the introduction and installation of the E medical equipment.

B. The defendant shall provide the place where E medical equipment is installed and operated.

C. The Plaintiff shall complete the establishment within one month from the contract date.

E Medical equipment is installed at a mutually agreed place, the operation test is conducted in the presence of the defendant or his/her agent, and the transfer documents are prepared and affixed with a mutual seal.

4. Terms and conditions of contracts and distribution;

(a) The contract period: One year from the date of installation;

(b) operation;