1. Defendant C’s KRW 28,600,000 as well as 5% per annum from August 6, 2011 to October 17, 2014, respectively, to the Plaintiff.

1. Basic facts

A. The Plaintiff is operating as a doctor a “D Council member”.

Defendant B is engaged in the manufacturing of medical devices under the trade name “E”.

Defendant C is the nominal owner of the “F” business registration of the medical device sales chain.

B. On January 8, 2010, Defendant C entered into a contract with the Plaintiff and Defendant B on the purchase price of KRW 28.6 million (including value-added tax) with respect to Rabing machine G (hereinafter “instant medical device”) manufactured by Defendant C (hereinafter “instant medical device”), and received full payment from the Plaintiff on January 22, 2010.

C. As the output of the first medical device of this case does not meet the standard, the Plaintiff received the exchange with the same type of medical device (hereinafter “second medical device of this case”) by directly raising an objection to Defendant B, a manufacturer, around April 2010.

Around March 2011, the Plaintiff resisted Defendant B that there was a defect in the container cream, etc. of the instant medical device, and was exchanged again with the same type of machine. Since the output of the machine was too strong, the Plaintiff received and used the instant medical device as repair.

(hereinafter “instant medical device”). (e) When referring to each of the above medical devices, hereinafter “instant medical device”).

Although the Plaintiff accepted the instant secondary medical device, it is difficult to perform treatment, and on May 27, 201, sent the content-certified mail demanding the Defendant B to compensate for damages.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1 through Gap evidence 7 (including additional number, if any; hereinafter the same shall apply), the purport of whole pleadings

2. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion 1 by the parties, ① the performance of the instant medical device falls short of the standard, and the Ministry of Food and Drug Safety did not obtain permission.

Defendant C failed to perform its debt properly, and the Plaintiff can achieve the purpose of the instant sales contract due to the defect in the instant medical device.