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(영문) 인천지방법원 2018.06.01 2016가합59002
매매대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The status of the party is a medical corporation that establishes and operates a D Hospital, which is a general medical institution that is a specialized department for women in childbed, etc. (hereinafter referred to as “Plaintiff corporation and D Hospital,” and Defendant B (hereinafter referred to as “Defendant B”) is a corporation that engages in trade business, such business as agency business, medical device leasing business, etc., and Defendant C is a person who operates Defendant B’s Seoul Games regional agency business under the name of “E”.

B. On August 26, 2015, the Plaintiff entered into a contract for the sale and repurchase of medical equipment and the repurchase of medical equipment with Defendant B (F Co., Ltd., Ltd, hereinafter “F company”) in China, which was imported and sold by Defendant B.

(3) The instant medical equipment is called “the instant medical equipment” under Article 14(1) of the former Enforcement Decree of the instant Medical Equipment Act (hereinafter “the instant medical equipment”).

2) The term “instant sales contract” refers to a contract under which one unit is purchased for KRW 2.2 billion (hereinafter “instant sales contract”).

A) The Plaintiff concluded a contract. Around that time, the Plaintiff paid the full amount of the instant medical equipment to Defendant B, and operated the said equipment at D Hospital after the completion of the installation of the instant medical equipment on September 23, 2015. (2) Meanwhile, the Defendants prepared and delivered an agreement with the following terms on the date of the conclusion of the instant contract. The main content of the agreement was that Defendant C supported the Plaintiff in relation to the operation of the instant medical equipment, provided support for the Plaintiff, purchased the instant medical equipment on behalf of the Plaintiff, and sold the instant medical equipment on behalf of the Plaintiff, and guaranteed that the Defendant B purchased the instant medical equipment on behalf of the Plaintiff, and signed the said agreement as a contract signed by the Defendant C as a guarantor.

(hereinafter referred to as the “Purchase Agreement”). With respect to the instant medical equipment sales contract on August 26, 2015, E, as the Seoul Games Agent of Defendant B, shall enter into an agreement with the following terms:

1. To support online advertising expenses and attract patients for one year after the installation of equipment;

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