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(영문) 의정부지방법원고양지원 2019.11.13 2018가단78066

부당이득금

Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 135,460,000.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells medical devices, and the Defendants operated the business of manufacturing automation devices with the trade name “D” as the same business.

B. On May 15, 2017, the Plaintiff entered into a contract with E (hereinafter “E”) for the supply of goods within eight weeks after full payment of the down payment, by designating 3D printer 20 and curling 10,000,000 won (=the remainder of KRW 110,000,000 as down payment plus KRW 72,00,000) to use 3D printer 20 for the purpose of printing dental appliances, etc.

C. On May 18, 2017, the Plaintiff entered into a goods supply contract with the Defendants on the supply of 3D printers (hereinafter “instant contract”) in order to supply 3D printers to E (hereinafter “this case”).

Article 3 [Law/Supplys] ① The specifications of this product are prepared by Gap (Plaintiff) after obtaining prior consent from Eul (Defendants) and Gap shall deliver the specifications to Eul.

(See No. 3 Product Name: F: G supplied price: 6,50,000 won (excluding value-added tax): The delivery date based on the 10th basic: Article 4 of the delivery period after the order is placed [Disposition] (1) A shall deposit the contract deposit with B at the same time as the contract deposit is placed.

2. A shall not cancel an order for this product already made.

Article 5 (Payment Period) (1) A shall deliver this product to the place in consultation with A within eight weeks from the date on which it was ordered by A.

(2) When a situation occurs in which it is impossible to supply the goods entrusted by the Party A to the designated date or at the designated place, Party B shall immediately inform Party A of the fact and compensate Party A for the damages incurred by the situation at the same time as Party A’s instructions are followed.

Article 7 [Guarantee] (1) The B shall conduct a full examination of this product to be supplied to A on the basis of the specifications set forth in Article 3 and any defects.