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(영문) 창원지방법원 진주지원 2018.12.05 2018가합10787
매매대금반환
Text

1. The Defendant (Counterclaim Plaintiff) C: (a) KRW 145,00,000 against the Plaintiff (Counterclaim Defendant) and its related amount from June 11, 2016 to December 5, 2018.

Reasons

1. Facts of recognition;

A. Defendant B’s purchase of high-frequency heat heaters for medical use and conclusion of sirens contract 1) Defendant B from March 9, 2015, to the high-frequency heater for medical use (registered EHY-2000, hereinafter “instant hot heater”).

(2) On June 4, 2015, Defendant B purchased KRW 520 million in KRW 520 million, and Defendant B concluded a siren contract (hereinafter “the instant siren contract”) with respect to the instant hot fever with Defendant B as a siren customer, ② the monthly siren fee of KRW 15,035,941, ③ the period of KRW 36 months, ④ the ownership is transferred upon the expiration of the siren period, and ⑤ the maintenance and repair of the siren is to be made by the goods supplier (hereinafter “instant siren contract”).

B. Around April 2016, the Plaintiff prepared for the opening of the “Evalescent” to the medical corporation that entered into the instant hot spring sales contract between the Plaintiff and the Defendant C, the Plaintiff purchased the instant hot spring machine from Defendant C in the amount of KRW 131 million, but concluded a sales contract with the Plaintiff (hereinafter “instant contract”). C. As to the transfer and installation of the instant hot heat heat and the issuance of equipment guarantee certificates, the Defendant B asked for the relocation and installation of the instant hot heat heat heat equipment, which is the supplier of the instant hot heat (hereinafter “Evalescent”). On May 2, 2016, the Plaintiff issued a written estimate of KRW 160,000,000,000,000,000,0000,000 won, which was KRW 161,516,000,000,0000,0000,0000,000 won.

Defendant B, in the course of the relevant case, entered into the instant siren contract at the time when the Plaintiff entered into the contract.

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