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(영문) 부산지방법원 2015.01.14 2014가합5916
물품대금등
Text

1. The Defendant’s KRW 1,215,40,051 among the Plaintiff and KRW 732,370,051 among the Plaintiff, shall be KRW 179,960,00 from November 29, 2014.

Reasons

1. Determination on the cause of the claim

A. (1) On June 17, 2004, the Plaintiff entered into a joint operation agreement with the Defendant and the Plaintiff on the equipment that provides the Defendant with one medical equipment necessary for the operation of the PET/CT (the E-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-S to pay some of the profits accrued

(2) On December 1, 2008, the original Defendant agreed to change the terms and conditions of supply of the FDA into “1st cans KRW 170,000 per head cans KRW 280,000 per head cans” as stated in the contract after the transfer of the PE/CT in writing at the time of the above joint operation agreement.

(3) On July 8, 2010, the original Defendant entered into a new equipment joint operation agreement (hereinafter “instant agreement”) by replacing the existing PET/C equipment with new type, adding to the content that the Defendant would introduce and jointly operate the PET/C equipment with one PE/CT/R equipment.

(3) The Defendant’s price of supply of the changed FDG and the amount of the Defendant’s sales revenue and the amount of the FDG’s liabilities from June 2013 to November 2014, calculated under the terms and conditions of the instant contract, as above, are as follows:

(4) The Plaintiff received full payment of the PET/C operating earnings and FDG proceeds from the Defendant until May 2013, and thereafter received from the Defendant as KRW 2,728,410,00 on August 14, 2014; ② KRW 76,950,00 on August 29, 2014; ③ KRW 203,840,000 on September 15, 2014; ④ KRW 71,010,000 on September 30, 2014; ⑤ KRW 192,640,000 on October 13, 192, 2014; and ④ KRW 10,000 on October 14, 2014; and KRW 10,314,00 on October 14, 2014; and KRW 10,304,00 on October 14, 2014; and

【Facts 1, 2, 5, and the purport of the whole pleadings, without any dispute over the ground for recognition】

B. (1) According to the above facts of recognition, the Defendant paid each of the Plaintiff after August 14, 2014 the PET/C operating income and the FDG price to the Plaintiff.

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