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(영문) 서울중앙지방법원 2020.10.15 2019가합556367
보증금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 270,568,939 won and 6% per annum from May 8, 2019 to July 22, 2020.

Reasons

1. Facts of recognition;

A. The status of the parties is a corporation with the purpose of medical equipment and drugs development, manufacture, export, import, and sales, etc., and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation with the purpose of medical and trade, medical instruments sales, etc., Defendant C is the only internal director of the Defendant Company, and Defendant D is the head of E Hospital as Defendant C’s spouse.

B. On April 2018, the Plaintiff and the Defendant Company’s “F Hospital Medical Devices Supply Contract” concluded a “F Hospital Medical Devices Supply Contract” (hereinafter “instant supply contract”) with the Defendant Company established to supply medical devices to F Hospital located in G with the Defendant Company (hereinafter “H”) in the Defendant Company’s operation, which was established to provide sex, skin, boom, anti-gratization, and OSM services, and the main contents are as follows.

Article 2. The details of mutual contracts are as follows:

③ The Plaintiff shall pay 2,00,000 bills to the Defendant Company after entering into a contract.

④ The Defendant Company shall preferentially pay the Plaintiff in installments as follows.

- The first: 30% of the cost of the first equipment to be received within 10 days after the conclusion of the contract for regular purchase with the F Hospital - the second: 20% of the cost of the equipment to be received within seven days after the arrival of the equipment to the F Hospital - the payment date for each 20% of the cost of the equipment to be received within seven days after the installation and test of the equipment to the F Hospital - the payment date for each 20% of the cost of the equipment to be received within seven days after the installation and test shall be paid to the Plaintiff on the relevant day, respectively.

(5) The defendant company shall reimburse the equipment cost, including the amount of deposit, paid by the plaintiff, 8,025,463 until August 31.

6. The defendant company shall conclude a joint and several debt agreement with the representative of the defendant company and the president of the E Hospital D. for the costs of the plaintiff's equipment.

Article 4 (Duty of Good Faith and Sincerity) (2) The Defendant Company shall refund 2,000,000 bills of deposit in the event that the supply of the F Hospital is not carried out in accordance with this Agreement.

Article 6. Effective.

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