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(영문) 서울중앙지방법원 2019.10.22 2017가단5230058 (1)
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the president who operates D’s “D” (hereinafter “instant hospital”).

B. Around March 22, 2016, the Plaintiff received a written estimate from E (the representative FF, hereinafter “E”) for the establishment of a call center in a hospital and for the provision of call center services as indicated in the attached Form, and applied for a call center establishment and call center service subscription (hereinafter “instant application”) with respect to E, with a charge system of 300, a contractual period of 3 years, and a radio operator as G (hereinafter “instant application”).

E accepted this time.

C. Around April 1, 2016, the Plaintiff entered into a lease agreement with the Defendant on the part of the lessee and the Defendant to lease the Plaintiff’s acquisition cost of H Co., Ltd. (the representative F; hereinafter “H”) for 3,1680,000 won (P/N: I, 2016 formula; hereinafter “the instant lease agreement”) for 48 months and to pay rent of KRW 676,050 per month (hereinafter “the instant lease agreement”). On the same day, the Plaintiff agreed to jointly and severally perform the obligation of H as to the sales agreement on the P/N equipment (P/N, I, 2016 Form) (see estimates or specifications of the business year) between the client and the Defendant H.

The relevant terms and conditions of the lease or sales contract of this case are as follows.

Article 11 (Selection of Things) (1) of the Lease Contract of this case provides for the specifications, performance, functions, specifications, prices, and sellers under their own responsibility, and the defendant does not bear any liability or cost in relation to the selection of the article.

Article 1 of the Contracts for the Sale of Goods (hereinafter referred to as "the specifications, specifications, functions, and performance"), prices, sellers, etc. shall be liable for the plaintiff under the lease contract, according to the summary statement of the preceding sentence before the designation of the goods, the conditions of this order and attached estimates or specifications attached thereto.

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