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(영문) 서울중앙지방법원 2014.11.05 2013가합92113
매매대금 등
Text

1. Defendant D’s payment of KRW 235,50,00 to Plaintiff A, KRW 90,000 to Plaintiff B, and each of the above amounts from January 9, 2014.

Reasons

1. Basic facts

A. The Plaintiffs are married couple, and Plaintiff B has completed business registration under the name of Plaintiff A, the wife, and is engaged in the trade of medical devices with the trade name “E”.

Defendant D is the head of the Seoul Southern Branch Office of the Defendant Incorporated Association C (hereinafter “Defendant C”), and is operating the hospital “F Council of Incorporated Association” (hereinafter “instant hospital”) reported under the name of Defendant C.

B. On February 6, 2012, Plaintiff B, G, and Defendant D entered into a share participation agreement (hereinafter “instant share participation agreement”) with the content that Plaintiff B and G invested KRW 200,000,000, respectively, in the instant hospital in which Defendant D owned 100% of the shares, and that the Plaintiff B and G acquired 2/10 of the shares in return, while receiving KRW 2,80,000 as monthly salary or interest.

After that, Plaintiff B paid KRW 90,000,000 as investment money to Defendant D in accordance with the above contract.

C. On February 20, 2012, Plaintiff A entered into a sales contract with Defendant D on the medical device “SIEMNS RF Rograthy 2 PE-Cthy” (hereinafter “instant medical device”) (hereinafter “instant sales contract”) with H’s brokerage, and the main contents are as follows.

1) Plaintiff A sells the instant medical device to Defendant D at KRW 1,200,000,000. (2) Plaintiff A installed and delivered the instant medical device to Defendant D by March 12, 2012 at a place designated by Defendant D.

3 Defendant D shall pay KRW 1,00,000,000 out of the price to capital or lease immediately after completion of the installation, and shall pay the remainder of KRW 200,000,000 within one month after completion of the installation.

Plaintiff

A around March 2012, the medical device of this case was installed in the instant hospital through the Masco Co., Ltd., and completed the radiation shielding construction necessary for the use of the medical device of this case through Red Masco Co., Ltd.

Plaintiff

A around July 2012, 2012, 125,000.

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