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1. The Defendant’s KRW 295,094,00 for the Plaintiff and KRW 20% per annum from August 14, 2015 to September 30, 2015.
Reasons
1. Indication of claim;
A. On January 10, 2014, the Plaintiff engaged in the business of development, engineering, manufacture, assembly, sale, marketing, and lease of medical devices, etc., concluded a maintenance and repair contract with the Defendant, who is a medical corporation that operates the Po harbor Hospital, and five medical devices used at the Po harbor Hospital (CTS 162 units, CT HS NX/I, INNVA 2000, AINFINA), to regularly maintain or repair the medical devices, and to receive KRW 26,50,000 per month from the Defendant as maintenance and repair fees.
According to the above contract, the plaintiff conducts a regular inspection so that the defendant can normally use each of the above medical devices, and where the part is to be replaced due to a malfunction of a medical device, etc., the general part shall be supplied free of charge, and the part shall be supplied at a cost, such as maliciousssory, DNA, Pib, Traube, expendable goods, and other equipment, and all of the costs of the inspection requested by the defendant shall be borne by the defendant.
B. On December 2, 2012 and December 31, 2014, the Plaintiff concluded a maintenance and repair contract with the Defendant to regularly maintain or repair one medical device (LOG Q 9) used by the said hospital, and to receive KRW 1,100,000 per month from the Defendant as maintenance and repair fees.
(hereinafter referred to as "each of the instant contracts" in this subsection. (c)
However, the Defendant paid only the maintenance and repair fees up to August 2014, and thereafter did not pay 276,000,000 won in total for the maintenance and repair fees under each of the instant contracts. Moreover, the Defendant did not pay 19,094,000 won in total for the replacement of parts and technical support expenses to be borne by the Plaintiff.
Therefore, the Defendant calculated the annual 20% from August 14, 2015 to September 30, 2015 and damages for delay calculated at the rate of 15% per annum from the following day to September 30, 2015, which is the day after the delivery of a copy of the complaint in this case.