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(영문) 서울중앙지방법원 2016.07.14 2016가합500790
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) stated 500,000,000 won on the Plaintiff (Counterclaim Defendant) and the “profit” column in the attached Table among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On February 21, 2008, the Plaintiff entered into a joint operation agreement with the Defendant on the PET-C equipment (hereinafter “instant equipment”) (hereinafter “instant prime contract”). The main contents are as follows.

Article 1 (Purpose) The purpose of this Agreement is to enter into an agreement with the Defendant on all matters necessary for the introduction and installation of the following equipment through the Plaintiff and for the sharing of earnings, etc.

1. The name: PET-CSyst (2) model name: Polips GEMINI 2 (Refurbish) 1 set of location. 3 Place: Place designated by the Defendant. 4 Place: within five months from the date of the contract or at the date desired by the Defendant. 1 The costs for the introduction and installation of this equipment are fully borne by the Plaintiff.

2. The Plaintiff shall supply the equipment to the Defendant immediately after the completion of installation of the equipment.

(3) The defendant shall provide places where equipment is installed and operated.

Article 3 (Matters to be Observed) The defendant and the plaintiff shall faithfully perform the following matters related to this contract:

① The Defendant and the Plaintiff mutually cooperate to the maximum extent possible so that equipment can be operated normally.

② The Defendant and the Plaintiff may not remove or remove unilaterally equipment during the joint operation period.

(3) No defendant shall stop the operation of the main equipment without any justifiable reason.

(4) Where either party has terminated or terminated a contract without justifiable grounds, the party shall compensate the other party for 10% of the total amount of profit distributed scheduled to him/her.

Article 4 (Operation of Equipment) (1) The plaintiff shall supply the members (FDG) necessary for the operation of the PET-CT equipment to the defendant within the joint operation period, and the defendant shall be supplied with the equipment and operate the equipment.

② The Plaintiff shall own the equipment during the joint operation period, and the Plaintiff shall gratuitously transfer the ownership of the equipment to the Defendant after the joint operation is completed.

(3) Methods of distributing profits from the operation of the PE;

(a) Period of distribution:

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