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(영문) 부산지방법원 2016.02.04 2015가단22935
물품대금
Text

1. The Defendant’s KRW 190,000,000 as well as 5% per annum from April 4, 2015 to January 13, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of the wholesale business of medical devices, and the Defendant was the president of the “C Hospital” located in Kimhae-si.

B. On February 1, 2011, the Plaintiff established 15 artificial extension devices with the Defendant, and the Defendant concluded a contract for installation of artificial extension devices and supply of expendable goods (hereinafter “instant contract”) with the content of purchasing the expendable goods for artificial extension devices from the Plaintiff.

The main contents thereof are as follows:

Article 1 (Installation of Artificial Obstructions) After the conclusion of this Agreement and the lawful entry into force thereof, the plaintiff shall, in consultation with the defendant, install the artificial extension machine (hereinafter referred to as the “mechanic”) as specified in Annex 1 at the place provided by the defendant on the date of the decision, and transfer it to the defendant after the completion of the test.

The defendant shall, after receiving the plaintiff's technician, secure and provide a sufficient wide area of equipment necessary for the installation and operation of machinery, such as electricity, wires, pipes, etc.

Article 2 (Contract Period, etc.) This Agreement shall enter into force on the date of signing it.

The contract period shall be the total amount of consumed goods that the defendant must purchase from the plaintiff during the contract period shall be the contract amount of consumed goods.

Article 3 (Supply and Price of Consumable Goods) (1) The defendant shall purchase from the plaintiff all the expendable goods specified in the attached parts 2 during the contract period.

DPyzer may use selectively among those specified in attached parts 2.

(2) The price shall be as specified in attached parts 2, and after the full quantity of consumed goods contracted has been used, the defendant may purchase consumed goods from the plaintiff on a new condition by mutual agreement.

(3) The contract period shall be automatically extended until the use of the consumed quantity specified in Article 2 is completed.

Article 4 (Period of Guarantee) If the plaintiff and the defendant do not use the plaintiff's consumed goods after the termination of the contract, they should conclude a separate maintenance and repair service contract.

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