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(영문) 서울중앙지방법원 2020.01.16 2019가단5153124

물품대금

Text

1. Defendant B Co., Ltd.: (a) KRW 17,250,876 on the Plaintiff (Counterclaim Defendant) and its related thereto from February 15, 2019 to May 31, 2019.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. As to the supply of D mobile devices (a device that allows a person who installs a device at adult diapers used in a convalescent hospital and a recuperation hospital to deliver the fact to the manager in cases where the person who wears the said diapersiums the urine, etc.) on July 4, 2017, the supplier is the Plaintiff and the consignee is the Defendant C (the Plaintiff, unlike the name, is the party to the contract; the Defendants claim that the Plaintiff is the party to the contract; the Defendants claim that the Plaintiff is the buyer without the trade name of the other party to the contract before specifying who is the party to the contract; the contract amount is KRW 41 million (excluding value-added tax) and the contract period on July 4, 2017;

8. A contract for the supply of goods as of 28.2 (hereinafter “instant contract”) was concluded.

B. According to the instant contract, the products that the Plaintiff is obliged to supply to the buyer are instruments that detect the existence of a substitute to the diaper and transmit them to the electrical signal (hereinafter “Nodrid terminal”) and apparatuses that receive signals transmitted from the odrid terminal and deliver them to the manager’s computer (hereinafter “Nodware”).

In addition to the delivery of each of the above equipment, the Plaintiff shall submit a completion report containing the criteria for inspection, inspection results, etc. (the matters stated in paragraph 25 of the "the specifications of delivery specifications and support specifications of each device" attached to the contract), provide communication specifications and message between the above devices, and provide the device manuals (Article 26 of the above specifications), provide the terminal pumpswale straw, the Install environment (Article 29 of the above specifications), and provide product certification (KC Certification, EMF Certification, and ICT Convergence Quality Certification, etc.) related support (Article 27 of the above specifications), and support related to the production of the test (Article 28 of the above specifications).

The plaintiff's obligations listed in paragraphs 25 to 29 are separated from the obligation to supply the device.