손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 9, 2015, the Plaintiff purchased high-frequency heat from B for medical use (a model EHY-2000, hereinafter “instant hot heat”) at KRW 520,000.
B. On June 4, 2015, the Plaintiff concluded a siren agreement between the Vienna Capital Co., Ltd. and the instant hot fever (hereinafter “instant siren agreement”) with respect to ① the Plaintiff as a siren customer, ② the 5,035,941 won of the total siren rate of KRW 541,150,58, monthly siren rate of KRW 15,035,941, ③ the period of 36 months, ④ the first payment date of KRW 36 months, and ④ July 10, 2015 (hereinafter “instant siren agreement”).
C. Around April 2016, the Defendant prepared for the opening of the "Dadotoin Hospital" as a medical corporation: (a) purchased the instant hot fever from C in KRW 131,00,000; and (b) concluded a sales contract with C for the remainder of the period with the Defendant’s proposal to sell and purchase the instant hot fever in the form of payment by the Defendant; and (c) concluded a sales contract with C for the instant hot fever in the form of oral report with C (hereinafter “instant contract”). As to the transfer and installation of the instant hot heat and the issuance of the guarantee certificate for equipment, the Plaintiff asked C for the transfer and installation of the electric heat in the form of KRW 66,00,00 for the expenses of the transfer and installation, and (e) notified C and the Defendant of the need for KRW 66,00,000 for the transfer and the issuance of the guarantee certificate for equipment; (b) C and C concluded the transfer of KRW 100,000 through D for sales agencies, not the Haban Hospital.
F. On the other hand, around May 2016, the Plaintiff requested the Vienna Co., Ltd., a siren to change a siren user, but the said company notified that it is impossible to change the siren user.
G. From July 2016, the Plaintiff paid the rental fee of the instant contract.
[Ground of recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 2-2, Evidence No. 6 through 9, each entry No. 2, witness C's testimony, and part of this court.