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(영문) 서울동부지방법원 2014.05.16 2013가합1912
물품대금 등
Text

1. The defendant,

A. 70,000,000

B. The Plaintiff A’s KRW 40,000,000 and each of them.

Reasons

1. Basic facts

A. The Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a corporation that runs the wholesale and retail business of pharmaceutical products and medical equipment, and the Plaintiff Co., Ltd. is a person who operates C that sells pharmaceutical products, etc., and the Defendant was a person who operated the “E Hospital” located in Ansan-si, Seoul. (hereinafter “the instant hospital”).

B. (1) On March 2008, the Plaintiff Company and the Defendant entered into a loan agreement with the Defendant for use (hereinafter “instant loan agreement”) with the content that (i) the Plaintiff Company lent to the Defendant Tos 80FR, (ii) Elesys 2010, and (iii) Culter STS (hereinafter collectively collectively referred to as “each of the instant medical equipment”). The Plaintiff Company entered into a loan agreement for use (hereinafter “instant loan agreement”) with the content that the Plaintiff Company would provide goods, such as reagents and expendable goods necessary for the use of each of the instant medical equipment (hereinafter “the instant medical equipment”).

(2) The Plaintiff Company leased each of the instant medical equipment to the Defendant around March 2008 under the instant loan agreement. Around that time, the Plaintiff supplied the instant goods from around May 18, 2010, and did not receive KRW 53,96,650 out of the price of the said goods.

(3) Meanwhile, around June 2010, the instant loan agreement was terminated. The Defendant did not return the Elecsys 2010 (hereinafter “the instant loan object”) out of the medical equipment of this case to the Plaintiff and did not occupy the leased object of this case.

(4) The value of the instant lending and borrowing object is equivalent to KRW 80 million.

C. The Plaintiff A and the Defendant supplied the Defendant with medical supplies, such as injection equipment, from around June 24, 2010 to June 24, 2010 (hereinafter “instant goods”), and did not receive KRW 100,161,627 out of the price of the relevant goods.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, evidence 12-2, the purport of the whole pleadings

2. Determination as to the cause of the claim.

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