(영문) 대전고등법원(청주) 2017.10.31 2016나10255

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(영문) 대전고등법원(청주) 2017.10.31 2016나10255

용역비

Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and that part shall be revoked.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a legal entity established for the purpose of selling medical devices and providing services related to medical devices, and the Defendant is a medical corporation that operates the Namyang-do Hospital located in Namyang-si (hereinafter “Defendant Hospital”).

B. On October 2012, the Plaintiff entered into a contract with the Defendant under which the Plaintiff would maintain and repair GE SIGN INFINITY 1.5T MR (hereinafter “instant equipment”) established in the Defendant Hospital (hereinafter “instant maintenance contract”). The main content of the instant maintenance contract is as follows.

Article 2 (Period of Validity of this Agreement): From November 1, 2012 to December 31, 2014, Article 4 (Maintenance and Repair Costs) ① The maintenance and repair costs of this Agreement: daily gold (including value-added tax 4,00,000) (2) The expenses for all parts required for the maintenance and repair of “the equipment” and personnel expenses shall be borne by the Plaintiff.

(3) All costs incurred in the failure of equipment due to the Defendant’s fault shall be borne by the Defendant.

Article 5 (Payment of Maintenance Fees) The plaintiff shall claim to the defendant for the maintenance fees in writing (including electronic documents) as of the end of each month, and the defendant shall pay (or remittance) in cash within 90 days from the date of the claim.

Article 6 (Contents of Maintenance Maintenance Remuneration) The Plaintiff shall provide prevention, maintenance and repair under the terms and conditions of this Agreement as follows:

1. (Prevention and Maintenance) The plaintiff shall conduct prevention and maintenance at least once every shooting month pursuant to the agreed schedule by taking at least three advance liaisons so that the defendant can utilize the device normally.

(2) The maintenance and repair (the time of notification and response) shall commence the repair work within 12 hours from the time of notification of the defendant's breakdown.

3. (Exceptions.) The following cases are against the defendant under this contract:

유사 판례

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