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(영문) 서울고등법원 2014.12.16 2013나2030149
물품대금 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that manufactures an artificial kidying engine equipment. D around February 2010, around 10, established a “C Council member,” a medical institution specializing in blood speculation of patients with chronic renal failure (hereinafter “C Council member”). Around March 3, 2010, the Plaintiff entered into a contract for the supply of artificial kidying and expendable products with D and E, the representative director of G Co., Ltd., jointly and severally guaranteed the said contract, and its main contents are as follows.

(hereinafter referred to as the “instant lease supply contract”). Article 2 (Lease Equipment) (1) The Plaintiff, Article 3 (Installation of Equipment), at the 70 artificial extension period, shall install the equipment referred to in Article 2 in cooperation with C Council members at the place requested by C Council members, and the number of installed equipment shall be installed after bilateral consultation, taking into account the increase and decrease of patients.

Article 4 (Details of Consumable Goods)(1)(1): DIALYGE and BLOD LINE - 1 Set (2)(2): A.V.F NE-2 PCS/Set (supply of Consumable Goods and Contract Quantity) C members are supplied by the Plaintiff, and the HD equipment of Article 4 is purchased by 2,500 Set per 1, and On-line HDF equipment are 3,000 Set each.

(S) Article 8 (Payment of Price omitted) The settlement of expendable Goods that a member of the Council purchases from the plaintiff shall be made in cash to the plaintiff within 90 days after the member received delivery from the plaintiff.

(hereinafter referred to as the "Obligation of the user") Article 10 (Exemption) C Council members shall be supplied with and use the consumed items of Article 4 used for the equipment under Article 2 leased by the plaintiff and shall not reuse such consumed items.

Article 11 (Period of Contract) The term of contract is until C Council members finished the consumption of the total quantity of Article 5.

Provided, That the adoption may be adjusted by mutual agreement.

Article 12 (Ownership) Ownership of Article 2, which the Plaintiff leased to C Council Members, belongs to C Council Members after the termination of the contract.

Article 17 (Termination of Contracts)

2. C Council members.

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