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(영문) 수원지방법원 안산지원 2018.08.30 2017가합8651
MRI 장비설치비용 등의 청구
Text

1. The Defendant’s KRW 370,000,000 as well as the Plaintiff’s annual amount of KRW 7.5% from September 8, 2017 to January 23, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the manufacture and distribution of medical devices, and the Defendant is a person who operated a C Hospital located in the Gyeonggi-do Si.

B. On August 5, 2014, the Plaintiff entered into a contract for the supply of medical equipment (hereinafter “instant contract”) with the Defendant to supply Magnum 1.5T (MRI) price for KRW 370,000,000 for the medical equipment of this case (hereinafter “instant medical equipment”).

The main contents of the instant contract are as follows.

Article 2 (Payment for Price) The Defendant shall pay the purchase price through a means possible by the Defendant among the following methods after the installation of the equipment. (A) The Defendant shall pay the purchase price through a bank loan to the Plaintiff after the installation of the equipment. (b) A shall pay the purchase price through a equipment lease from a financial company designated by B after the installation of the equipment:

C) If the method of the above A or B is delayed or impossible, the Defendant shall pay the Plaintiff the purchase price for equipment in 36 months from the completion date of installation. The application of interest shall be made by applying 7.5% per annum. Article 3 (A) The Plaintiff completed the construction of MAGNUM 1.5T within two months from the completion date of the construction and contact work.

B) In a case where the installation of a product is delayed due to the circumstances of the Defendant or the Plaintiff, the installation period shall be adjusted through mutual consultation, in addition to the installation of equipment at a place designated by the Plaintiff, to ensure that the installation of equipment such as MRI room, the inside of the MRI room, and the exhaustr temperature, etc., is operated normally, in addition to the installation of equipment at the place designated by the Plaintiff. (C) In a case where the installation of equipment is delayed due to the Defendant or the Plaintiff, the installation period shall be adjusted through mutual consultation. (In the absence of dispute over the grounds for recognition, each entry in Gap evidence 1 through 3, and the purport of the entire pleadings.

2. The plaintiff's assertion

A. After concluding the instant contract with the Defendant, the Plaintiff was a C Hospital until September 5, 2014.

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