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(영문) 대전지방법원 2018.08.07 2017가단216971

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 157,00,000 and the interest rate of KRW 15% per annum from August 12, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 14, 2014, the Plaintiff and the Defendant agreed to supply the two medical devices to the Defendant (hereinafter “the instant medical device”) on a condition that the Plaintiff would supply the two medical devices (the model: MR Sgna HDxt 1.5T Trading and CET660 SE, hereinafter “the instant medical device”) to the Defendant, and the payment may be made by the Defendant as cash payment or lease payment. In the case of cash payment, the down payment is 40 million won, and the remainder shall be paid within 10 days after the completion of the instant medical device installation. In the case of lease payment, the Defendant selected the leased company within 30 days after the conclusion of the sales contract, and concluded a sales contract on the condition that the said lease company would enter into the supply contract on the condition that the payment would be made within 10 days after the Defendant’s written report on the completion of installation of the instant medical device between the Plaintiff and the Plaintiff.

B. On May 1, 2014, the Plaintiff received KRW 40 million from the Defendant as the down payment under the above sales contract, including KRW 20 million, and KRW 20 million on July 1, 2014. On June 29, 2014, the Plaintiff completed the installation of the instant medical device to C Hospital run by the Defendant. On the other hand, on the other hand, on December 11, 2014, the Defendant paid the remainder of KRW 50 million in cash and delayed the payment of the remainder of KRW 1.48 billion.

C. As to the payment of the remainder on December 12, 2014, the Plaintiff and the Defendant agreed with D Company to enter into a lease agreement with the Plaintiff on condition of the Plaintiff’s guarantee for the repurchase of the instant medical device and to pay the remainder to the Plaintiff. On December 19, 2014, the Defendant: (a) on December 19, 2014, based on the Defendant’s credit rating between the said lessee and the Plaintiff, the acquisition cost of the said medical device was KRW 1.57 million; (b) KRW 314 million (return after the completion of the repayment of rent); and (c) December 19, 2014, the lease deposit was paid to the Plaintiff.