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(영문) 서울중앙지방법원 2018.04.17 2017가단5052159

용역비

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts below the basis of facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Eul evidence 2, Eul evidence 11-1 and evidence 11-2.

The Plaintiff is a company that runs the business of advisory business of hospital opening and advisory business of selling special medical equipment, etc., and Defendant B is a person who engages in the wholesale and retail business of medical appliances under the trade name of “D,” and Defendant C is a husband of Defendant B, who is a substantial operator of D.

Article 1. 1. The description of the goods and 1. The name of the equipment: TOSHIBA 1.5T MRI (Model: MaTR-2003, VTSE) contract amount: 690,000,000 (including value added tax) location: Fa. 1) the Fa.m. Hospital located in Gangdong-gu shall pay to D 69,000,000 won equivalent to 10% of the contract amount as contract deposit at the time of the conclusion of this contract, at the time of the conclusion of this contract, the intermediate payment shall be paid to D through lease.

The F Hospital provides the F Hospital with the responsibility and the cost of the F Hospital with respect to the supply of equipment, the installation and the installation of the equipment necessary for the supply of the equipment, and the ancillary facilities necessary for the securing of the place of installation and the installation of electricity, water supply and sewerage systems, etc. 2) in the case of the CT (Computerization) (Computerization) or MRI (SI (SI), the F Hospital must obtain prior approval for installation of high-priced special medical equipment from the City/Do, and the liabilities due to the non-acquisition shall be borne by the F Hospital.

Provided, That the securing of beds for the joint use of special medical equipment shall be subject to the responsibility of D.

(hereinafter “instant proviso clause”). B.

On August 12, 2014, the Plaintiff was commissioned by the Defendants to intermediate the sale and purchase of medical equipment and on August 12, 2014, and on August 12, 2014, between the president H of Defendant B and F Hospital (formerly changed: G Hospital) and the president H of the G Hospital (formerly changed: G Hospital), the Plaintiff was not a sales contract for the self-official image photographing equipment (hereinafter “the instant medical equipment”).