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(영문) 서울북부지방법원 2016.11.10 2015가합21824

물품대금

Text

1. The Defendant’s KRW 50,716,043 as well as its annual 5% from April 30, 2015 to November 10, 2016 to the Plaintiff.

Reasons

(2)The proposed quantities specified in the contract shall be supplied at the time of the request for supply to up to 200 per cent of the estimated quantities of each contract, as they are likely to change according to the medical environment, etc., and may be used in excess of them through consultation between the parties. ① Article 5 (Performance Delay and Termination of Contracts) (1) In the case of the same item that is ordered to be supplied at a hospital at least twice (the time of supply may be supplied at the hospital itself if it is anticipated that the treatment for the patient would be interrupted due to the failure to be supplied within 5 days after the lapse of the delivery period, notwithstanding the demand for the supply within 2 days each time after the expiration of the delivery period, and the difference shall be borne by the counter

C. Under the instant contract, the Plaintiff supplied medicines to the Defendant-affiliated hospital. 25 medical supplies were made in excess of 110% of the contractual quantity in the quantity of the products, and supply exceeding 200% of the supply exceeding 200% was 750mg*10V* 337% of the total 2, and proton 30T 302% of the total 30%.

On December 23, 2014, the Plaintiff notified the Defendant of the termination of the instant contract with the purport that “I will terminate the instant contract on the ground that I could not significantly incur losses due to the excessive volume of the lost items due to the excessive volume exceeding the expected quantity, and would not leave the expiration date for more than three months, but would have to pay the contract deposit and terminate the contract without any choice to terminate the contract.”

On December 24, 2014, the defendant notified the plaintiff on December 24, 2014 that the termination of the return will not take effect by unilateral notification, and the contract termination will take effect by normal implementation of the supply until March 31, 2015, and if the contract is not performed, the difference between the supply and demand of the unpaid items in accordance with Article 5 of the special terms of the contract in this case shall be borne by the counter-party, and if the reasons for the termination of the contract occur due to the reasons attributable to the counter-party, the redemption of