logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.05.16 2017가합100351
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. A operated the “C Hospital” (hereinafter “instant hospital”) in Jin-si, Jin-si, Jin-si, and D operated a medical device wholesale and retail business with the trade name “E”.

B. On October 23, 2014, A entered into a sales contract with D on the purchase of “digital Integrated Medical Image Information System (EMR, OCR, MI, and CT)” (hereinafter “first medical device”) at KRW 1,590,490,00 (the balance of KRW 159,049,000, KRW 1,431,441,000 (the balance of KRW 1,431,40, and KRW 1,200)” (hereinafter “second medical device”); and “the instant medical device” combined with the first and second medical device; hereinafter “each of the instant medical devices”) at KRW 429,00,000 (the balance of KRW 42,90,00,00, KRW 386,100,000).

(hereinafter referred to as the “instant sales contract”). A paid to D total sum of KRW 201,949,000 for the same day deposit.

C. On November 6, 2014, the Plaintiff entered into a credit guarantee agreement between A and A with respect to the 1,650,000,000 won loaned from the Defendant to purchase each of the instant medical devices and its subordinate obligations, with respect to the guaranteed amount of KRW 1,485,00,000, and the term of guarantee from November 6, 2014 to November 4, 202 (hereinafter “the instant credit guarantee agreement”), and issued a “credit guarantee agreement” (hereinafter “the instant credit guarantee agreement”) on the same day.

A on November 11, 2014, based on the credit guarantee certificate of this case, obtained a loan of KRW 1,650,000,000 from the Defendant, and the Defendant deposited KRW 1,650,000 on the same day into the passbook in the name of “D(E)”.

E. On November 11, 2014, the Defendant entered into an agreement on the transfer for security with respect to each of the instant medical devices and received delivery of each of the instant medical devices by means of an occupation and amendment in order to secure the debt of KRW 1,650,000 with A as a collateral for the said loans.

F. The Plaintiff is against the Defendant on December 21, 2015 in accordance with the instant credit guarantee agreement.

arrow