logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.05.22 2014가합551770
손해배상 청구 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that imports, sells, and operates PE-CT, inter-clateral equipment and ancillary equipment, which is a nuclear medical and visual image equipment, and manufactures and supplies FDG, which is a radioactive drug necessary for filming.

The defendant is a corporation that operates the Incheon Escar Hospital annexed to the University of Tol University.

B. The Defendant and the Dongdaemun-gu system Co., Ltd. (hereinafter referred to as the “Dong River system”) decided to jointly operate the instant equipment in a way of distributing profits by paying rent to the Defendant, and jointly operating the FDG, which was produced by the Daga-Closoon and ancillary equipment necessary for the manufacturing of FDG (hereinafter referred to as the “instant equipment”).

Accordingly, on November 9, 2007, the same system with the Defendant entered into a lease agreement with the goods supply contract (hereinafter “instant goods supply contract”) and operated the instant equipment jointly.

Article 2 (Terms and Conditions of Contracts)

1. Production equipment: SUMFO Cypis HM-12S);

2. Supply products: Radioactive drugs (FDG).

3. Amount to be supplied: Article 3 (Operation Period and Terms and Conditions of Acceptance) (including Value-Added Tax), as of 10mCi 280,000 won.

1. Operation period: The Plaintiff shall install the instant equipment and operate it for five years after its initial production in order to facilitate supply of the FDG to the Defendant.

2. Terms and Conditions of Acceptance: the Defendant shall take over the instant equipment in cash for KRW 1.5 billion after being supplied with FDG for five years from the Plaintiff.

Provided, That if the FDG supply is less than 12,00 during the operating period, the operating period shall be automatically extended until it reaches 12,000 persons, and if it reaches the above number of patients during the operating period, it shall meet the requirements for acceptance at that point.

arrow