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(영문) 서울남부지방법원 2018.04.27 2017나60053
물품대금
Text

1. All of the plaintiff's claims that the court changed in exchange are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Facts of recognition;

A. The Plaintiff is a manufacturer and distributor of radiation equipment for diagnosis. The Defendant was employed by D president, the actual owner of C Hospital located in Dobong-gu Seoul Metropolitan Government, and worked as C Hospital funeral from March 4, 2008 to September 30, 2010.

B. On April 4, 2010, in the name of C Hospital, E, the general secretary in charge of the purchase of the C Hospital, decided to purchase the X-ray machinery to be installed in the F Hospital, which was scheduled to be opened by the D president, under the direction of D president. Accordingly, E entered into a contract for the purchase of X-ray machinery REX-525R 1 sheet (hereinafter “instant machinery”) with the Plaintiff and the following content under the name of C Hospital (hereinafter “instant contract”), and affixed the official seal of C Hospital on the said contract.

A (C Hospital A) and B (Plaintiff, Inc., Ltd.) enter into a sales contract for X-ray machinery and accessories pursuant to the following provisions:

Article 1 (Purpose of Sale and Purchase) B shall sell X-ray machinery to A and purchase it, subject to:

REX-525R 1 1 straw and 1 straw straw: the total amount of KRW 23,600,000 (including value added tax) delivery of X-ray machinery of KRW 23,60,00 (X-ray machinery delivery) is to be delivered simultaneously with the establishment of the F Hospital in Busan on May 15, 2010.

(c)Article 3 (Payment of Sale Price) A shall deposit the sale price into a designated settlement account under the following conditions:

Contract deposit: 5,00,000 won (deposit before the day of installation): Balance at the time of completion of the installation of the machinery: 18,60,000 won (temporary payment after installation): The transfer of ownership of X-ray machinery in Article 4 (X-ray Machinery Transfer) of this case shall be the time when A completes the purchase price, etc. in the accounts of the KAF item.

Article 7 (Change of Terms and Conditions of Contract and Violation of Contract) A cannot arbitrarily move, lease, or transfer the place of machinery until full payment is made. 2) B cancels this contract if A does not pay for the payment of the price under the contract, and at the same time, collects the personal machinery under the custody of A.

3. Gap's violation of the contract.

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