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(영문) 부산지방법원 동부지원 2017.04.21 2016가합959
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 9, 2015, the Plaintiff purchased high-frequency heat from B for medical use (a model EHY-2000, hereinafter “instant hot heat”) at KRW 520,000.

B. On June 4, 2015, the Plaintiff concluded a siren agreement between the Vienna Capital Co., Ltd. and the instant hot fever (hereinafter “instant siren agreement”) with respect to ① the Plaintiff as a siren customer, ② the 5,035,941 won of the total siren rate of KRW 541,150,58, monthly siren rate of KRW 15,035,941, ③ the period of 36 months, ④ the first payment date of KRW 36 months, and ④ July 10, 2015 (hereinafter “instant siren agreement”).

C. Around April 2016, the Defendant prepared for the opening of the "Dadotoin Hospital" as a medical corporation: (a) purchased the instant hot fever from C in KRW 131,00,000; and (b) concluded a sales contract with C for the remainder of the period with the Defendant’s proposal to sell and purchase the instant hot fever in the form of payment by the Defendant; and (c) concluded a sales contract with C for the instant hot fever in the form of oral report with C (hereinafter “instant contract”). As to the transfer and installation of the instant hot heat and the issuance of the guarantee certificate for equipment, the Plaintiff asked C for the transfer and installation of the electric heat in the form of KRW 66,00,00 for the expenses of the transfer and installation, and (e) notified C and the Defendant of the need for KRW 66,00,000 for the transfer and the issuance of the guarantee certificate for equipment; (b) C and C concluded the transfer of KRW 100,000 through D for sales agencies, not the Haban Hospital.

F. On the other hand, around May 2016, the Plaintiff requested the Vienna Co., Ltd., a siren to change a siren user, but the said company notified that it is impossible to change the siren user.

G. From July 2016, the Plaintiff paid the rental fee of the instant contract.

[Ground of recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 2-2, Evidence No. 6 through 9, each entry No. 2, witness C's testimony, and part of this court.

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