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(영문) 의정부지방법원고양지원 2020.11.13 2020가합72334

손해배상(기)

Text

The Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) KRW 662,598,314 and the Plaintiff’s counterclaim from January 21, 2020 to November 13, 2020.

Reasons

The main lawsuit and counterclaim are also examined.

Basic Facts

, etc.

A. 1) A manufacturer or importer of welfare aids wishes to apply the long-term care insurance benefits for the elderly with respect to welfare aids, he/she shall prepare and submit an application for determination of benefits to the president of the Plaintiff, along with essential documents, such as cost data for the pertinent welfare aids. 2) The Plaintiff shall select the product subject to price consultation after examining the appropriateness, etc. of the documents submitted by the Plaintiff. 1) The Plaintiff shall select the product subject to price consultation based on the actual cost of materials, outsourcing processing cost, veterinary hospitalization cost, etc., calculated and submitted to the Plaintiff on the basis of the actual cost of the pertinent enterprise’s creation of welfare aids; 2) the “market research price”, which is the actual transaction value of the same or similar product investigated by the Plaintiff, 3) the price of the product subject to payment, and the price of the product subject to price verification, which is calculated by the Plaintiff on the basis of cost verification data, such as tax invoice, detailed statement, and certificate of import declaration,

3) Upon receipt of a decision to pay benefits in accordance with the above procedure, manufacturers or importers of welfare tools, business offices, agencies, etc. (hereinafter “business offices, etc.”) shall engage in

(B) The Defendant A, from April 201 to April 31, 201, was practically operating Defendant B Co., Ltd. (hereinafter “Defendant Company”), which imports and sells bathers, etc., who are welfare goods in Gyeonggi-do, and was appointed as joint representative director of the Defendant Company on April 11, 201.

2) On December 16, 2013, Defendant A uses the product name SCU01 bath (hereinafter referred to as “SCU01”).

under the name of the defendant, the Corporation.