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(영문) 서울중앙지방법원 2018.05.11 2016가합575350
장비 임대료 청구 등
Text

1. The defendant shall be the plaintiff.

(a) KRW 75,377,542 and KRW 58,916,252 among them shall be fully repaid from December 31, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company engaging in the business of manufacturing and selling health and food products related to biotechnology, organizational engineering, gene engineering and medical equipment. The Defendant is a non-profit medical corporation with the aim of improving the national health and developing the local community through research and development on health and medical services.

B. On January 16, 2015, the Plaintiff’s “Echip” refers to Cchip (chip used for a test on whether infection D, a person who is a major cause for Rose of Sharon, is infected with D; hereinafter “Cchip”) and Echip (F) and “Echip” (hereinafter “Echip”).

2) The contract for the supply of the instant equipment, which is the relevant inspection equipment, is for the supply of KRW 700,000 per month (hereinafter “instant contract”).

A. Around that time, the instant equipment was delivered to the Defendant. The instant Convention, Article 1 (Purpose) of the DNA chips Sales and Inspection Convention, is the Defendant and the Plaintiff’s business for the sale and inspection of the Defendant’s DNA chips on the Korean market (hereinafter “the purpose”).

The purpose is to provide for mutual cooperation and roles in carrying out the business. ① The purpose of Article 2(1) is to provide for the following: (a) The business of selling DNA chips produced by the Plaintiff and the domestic sales of chips provided by the Plaintiff; (b) the inspection business related to Article 3(1) of the DNA chips sales business related to paragraph (1) is as follows: (i) the Defendant will have non-exclusive domestic sales rights of C chips and E chips produced by the Plaintiff; (ii) the Plaintiff sells the supply price of DN chips necessary for the Defendant’s self-inspection and DNA chips for sale by dividing them into the supply price of DN chips for the Defendant’s self-inspection.

(a) C chips T (Test test and DNA chips, about 8 test units and prices of DNA chips, 6,600 won per test test; hereinafter referred to as “T”);

(b) E chip T 7,000 won;

2. The supply price of DNA chips for sale by the Defendant is with the Defendant.

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