원상회복 청구 및 손해배상 청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is a company engaging in hospital management consulting business; Plaintiff B is a person who established a hospital in Kuwait around April 3, 2017, with the intent to operate “B Hospital” located in Gangnam-gu Seoul Metropolitan Government D; and
The defendant is a company that manufactures and sells medical appliances.
B. In the course of preparing for the establishment of the hospital in Kuwait, Plaintiff A, who supported the management of Plaintiff B’s hospital, was supplied with digital filmer (X-ray) and electric power supply equipment (hereinafter “instant medical device”) from the Defendant on September 26, 2016, and entered into a revised contract with the Defendant on October 11, 2016, including the following (hereinafter “instant contract”), and entered into a medical device supply and installation agreement (hereinafter “instant contract”). < Amended by Presidential Decree No. 27290, Oct. 21, 2016>
(A) Item 1 of Article 1 of the Medical Devices Supply and Installation Contract (A) : Digital image photographing Equipment and Electric Source Equipment 2): Model E, Wired Tractor, or place where PSU is installed: The amount of purchase (including value-added tax) at the designation of Bmercar Center (ASU): KRW 45.3 million (including value-added tax) and other detailed details are “B” (Defendant).
ii) A “A” (the Plaintiff A)
(iii) subject to the final statement, estimate, and special agreement presented to the Department. The term “B” under Article 3(3) is subject to the condition of on-site establishment and trial operation of the Department using the leased object.
(A) Article 5(b) of the Price for Goods Distribution Expenses, Customs Clearance Expenses, and Installation Expenses are paid in advance by “B” and “B” after customs clearance and installation are completed. “A” shall require “B” to pay the amount claimed for the expenses within 10 days. However, where installation is not completed due to the impossibility of local customs clearance, “B” may not claim for the expenses against “B”. “A” cannot be subject to local customs clearance.