채무부존재확인 등
1. The part of the Plaintiff (Counterclaim Defendant)’s claim for the confirmation of existence of obligation in the principal lawsuit shall be dismissed.
2.(a)
Defendant (Counterclaim Plaintiff).
1. Basic facts
A. Plaintiff A is an individual entrepreneur who runs the wholesale and retail business of medical appliances, manufacturing business, etc. with the trade name of “E”, and Defendant D is an individual entrepreneur who runs the wholesale and retail business of medical appliances with the trade name of “F”.
Plaintiff
B and Defendant C are companies engaged in wholesale and retail business of each medical device.
Article 2 [Name of Product] Products supplied by Plaintiff A to Defendant C is “G”.
Article 3 [Contract Term]
1. The term of this contract is from June 1, 2015 to May 30, 2017.
Article 4 [Supply Products and Prices]
1. (1) Agents: 16.5 million won (including value-added tax; hereinafter the same shall apply) selling price: Article 7 [the orders, carriages and defective goods]
1. Defendant C orders, in writing or by e-mail and fax, the ordered items and quantities at the time of product orders and delivery requests.
3. The plaintiff A shall send the product ordered by the defendant C to the above defendant's desired place. The transportation cost at this time shall be borne by the plaintiff A.
B. On June 1, 2015, Plaintiff A and Defendant C entered into an agency contract with the content that the Plaintiff supplied the Defendant C with “G” (hereinafter “the pressure method”) and the Defendant C entered into an agency contract with the content that sells it to the hospital, etc.
(hereinafter “instant contract”). The main contents of the instant contract are as follows.
C. The Defendant C sold the treatment equipment to the hospital (Transaction) according to the instant contract, and the Plaintiff supplied the “I” (hereinafter “I”, not the treatment equipment) to the HA branch, etc. among which the Plaintiff supplied the “I” (hereinafter “I”) to the HA branch, etc.
On July 19, 2016, the Ministry of Food and Drug Safety was a medical device for which permission was not obtained from the Minister of Food and Drug Safety, and accordingly, the Plaintiff was issued an administrative disposition for three months of the manufacture suspension of the medical clinic and one month of the sales suspension of the medical clinic.
Since then, on August 9, 2016, Plaintiff A obtained permission to manufacture the hospital. D.
Defendant C, prior to the above manufacturing permission, was from April 12, 2016 to May 12, 2016.