logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.11.01 2017나58888
물품대금
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. The Plaintiff is a company that engages in wholesale and retail business of medical appliances.

B. “B medical consumer life cooperative” is a public health and medical business for improving the health of union members under Article 45(1) of the Consumer Cooperatives Act, which was established on September 24, 2014 and was established on September 24, 201 and the representative (president) of the said legal entity is C.

From November 17, 2014, the said corporation registered the name of the corporation as “B Medical Consumer Life Cooperative Eental Association,” and its representative as C, and operated the dental hospital (hereinafter “instant hospital”) from the Seocho-gu, Seocheon-gu (hereinafter “instant building”).

(A) Evidence No. 1-2) (c)

The Plaintiff supplied edible materials to the instant hospital from April 1, 2015 to August 28, 2015, but failed to receive KRW 8,607,500 (hereinafter “the price of the instant goods”) for the goods.

(A) On August 1, 2015, the Defendant entered into a lease agreement (No. 6-1) that the Defendant leases all three floors of the instant building from F with F during the period from August 1, 2015 to August 31, 2020, the Defendant entered into a lease agreement (No. 6-1) that the Defendant leases from F with F during the period from August 1, 2015 to August 31, 2020, and operates a dental hospital after completing business registration with the trade name of “E subject” from September 2, 2015.

(A) Evidence Nos. 1-1(1) / [based on recognition] / The fact that there is no dispute, Gap evidence Nos. 1-2, 3, Eul evidence Nos. 4, 6-1 and 6-2, and the purport of the whole pleadings.

2. Obligation to pay for goods under a contract;

A. The Plaintiff’s assertion is that the Defendant jointly operated the instant hospital with C, the representative of the said legal entity, from April 1, 2015 to August 28, 2015, and was supplied with franchising materials from the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff damages for delay from September 2, 2015 to the date of full payment, which the Plaintiff seeks, as the price for the instant goods was KRW 8,607,50, and the price for delay from September 2, 2015 to the date of full payment.

arrow