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(영문) 인천지방법원부천지원 2017.12.08 2017가단8021
검사료
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 71,655,353 and its payment from May 18, 2017.

Reasons

1. Determination on the main claim

A. According to the facts that there is no dispute between the parties to the facts of recognition, and the purport of Gap evidence Nos. 1 and Eul evidence Nos. 1 and the whole pleadings, the plaintiff is a medical corporation with the purpose of establishing and operating a medical institution and being entrusted with the research and development of health care and the diagnosis and inspection. The defendant is a person who operates a hospital with the trade name of "Bsanbu". The defendant requested the plaintiff from around 2002 to undergo various diagnosis and inspection necessary for the medical examination and continued transactions after receiving the results of the examination from the plaintiff. The defendant did not pay KRW 71,65,353 out of the inspection fees to the plaintiff until April 2017.

B. Therefore, the Defendant is obligated to pay to the Plaintiff the aforementioned unpaid inspection fees of KRW 71,655,353 and damages for delay calculated at the rate of 15% per annum from May 18, 2017 to the date of full payment, which is the day following the delivery of the instant payment order.

2. Judgment on the counterclaim

A. Defendant’s assertion 1) From November 2015 to March 2017, the Plaintiff had the Defendant inspect the code of “BY30106,” “BY30306,” “B4051, by deceiving the Defendant as if it was impossible to inspect the code,” thereby having the Defendant arbitrarily entrusted the Defendant with the examination of the code of KRW 41,948,280 and KRW 24062, “B4051,” “B4051,” and “B405,361, total of KRW 48,087,00,000,000,000 from November 201 to March 2017, 2017.

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