(영문) 대전지방법원 2016.12.21 2015가합1424

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(영문) 대전지방법원 2016.12.21 2015가합1424

장비인도 등

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1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. 1) Equipment and [Attachment 1] Nos. 1, 5, and 26] listed in [Attachment 1] [Attachment 2].

Reasons

Basic facts (common to main claim)

A. The Plaintiff is a business entity that supplies medical devices, etc. under the trade name of “C,” and the Defendant is a physician who operates a hospital under the trade name of “D Hospital.”

B. On July 8, 2011, the Plaintiff leased equipment indicated in [Attachment 1] and [Attachment 2] equipment and fixtures (hereinafter “instant equipment”) to the Defendant, and entered into a equipment lease agreement with the Defendant, setting the Plaintiff as “A” and the Defendant as “B” with the following content:

(A) Evidence No. 1, hereinafter “instant lease agreement”). On the same day, the Plaintiff delivered all of the instant equipment to the Defendant.

Article 1. Purpose A shall lease this construction equipment to B, and B shall set the supply value of the total equipment 431,29,000 won, and B shall pay in cash for the reagents used on the last day of each month in lieu of the rent from the date on which the equipment was taken over to B.

Article 2. (1) The term of this contract shall be three years from the date on which the equipment is taken over to A.

Provided, That the amount of supply of equipment may be settled early and the equipment may be taken over according to the circumstances of B.

(2) The ownership of equipment shall be owned by A until B pays 100% of the cost of equipment to A.

Article 5 (1) Rent 1 On behalf of the monthly rent, B shall be supplied with reagents used for equipment from the date on which all equipment is taken over to A, and shall be settled in cash on the last day of each month.

(2) Where Party B delays cash settlement in the market value on at least two occasions, Party A may rescind a contract without a prior peremptory notice.

Upon receipt of the notice of cancellation, B shall return the equipment to A within one week.

Article 6 (1) B shall manage the equipment with the duty of due care as a good manager, and the expenses incurred in the ordinary management of the equipment shall be borne by B.

(2) B shall be the case where the equipment for this case is damaged intentionally or by negligence.

유사 판례

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