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(영문) 수원지방법원 2014.12.18 2013가합22976
물품대금
Text

1. The Defendant: (a) KRW 12,211,388 to the Plaintiff; and (b) KRW 5% per annum from April 16, 2014 to December 18, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells an ultra-frequency system, license, etc. for medical devices.

From June 28, 2011 to March 30, 2012, the Plaintiff supplied the Plaintiff with equipment, such as a ultra-frequency medical device, to the wholesale and retail company of Daejeon Sung-gu Daejeon (Seoul), which is registered as a business operator under the name of the Defendant, and if C transfers the relevant equipment to the Plaintiff, the Plaintiff has engaged in a transaction that pays part of the equipment to C as sales commission.

B. On the other hand, on June 15, 201, the Plaintiff entered into a trade agreement with the new Capital Co., Ltd. (hereinafter “new Capital Co., Ltd.”) with respect to the lease agreement on the said equipment, etc. sold by the Plaintiff, stipulating the Plaintiff’s obligation to redeem the said equipment by subrogation. The new Capital Co., Ltd., on March 16, 201, pursuant to the above trade agreement, reserved ownership in the new Capital, on March 16, 2012 and leased the first wave diagnosis machine to the Defendant for each lease fee of 745,435 won and lease period of 36 months.

C. However, as the Defendant delayed the above lease fee for more than 90 days, the New Capital demanded the Plaintiff to pay the unpaid lease fee in accordance with the above business suspension agreement, and on March 14, 2014, the Plaintiff subrogated the Defendant’s unpaid lease fee, etc. on behalf of the Plaintiff, and transferred all the rights and obligations under the lease agreement entered into with the Defendant from the New Capital Capital on the same day. At that time, the notification of the transfer was delivered to the Defendant.

[Ground of recognition] The fact that there has been no dispute, Gap's 3 through 8, Eul's 3 (including each number in the case of additional numbers) and the purport of whole pleading

2. Determination as to the cause of claim

A. The Plaintiff asserted that the portion of the claim for the payment of the price for goods was filed by the Plaintiff, from June 28, 201 to March 30, 2012, supplied C with equipment, such as an ultra-frequency medical device, several times, and the total amount of the price for goods worth KRW 216,547,818.

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