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(영문) 부산지방법원 2014.08.14 2013가단52956
물품대금
Text

1. Defendants B and C shall jointly and severally pay to the Plaintiff KRW 62,335,496 and the interest rate thereon from July 3, 2013 to the day of full payment.

Reasons

1. Facts of recognition;

A. On August 9, 2010, the Plaintiff entered into a contract with the head of the E Hospital (hereinafter “instant hospital”) hospital (hereinafter “instant hospital”) to trade medical devices (hereinafter “instant contract”), and provided medical devices equivalent to KRW 144,594,780.

B. The Plaintiff supplied medical devices equivalent to KRW 102,335,496 (including value-added tax) according to the instant contract.

C. The Plaintiff was paid only KRW 40,000,000 out of the amount of goods.

[Ground of recognition] Unsatisfy, Gap 2-5 evidence (including virtual number), the purport of the whole pleadings

2. According to the facts of the above recognition as to the claims against Defendant B and C, Defendant B bears the duty to pay the amount unpaid to the Plaintiff as a party to the instant contract.

As to the plaintiff's assertion that the defendant C is liable for the payment of goods under the contract of this case, since the defendant C operated the hospital of this case together with the defendant C, it shall be deemed that the defendant C led to confession.

Therefore, Defendant B and C are jointly and severally liable to pay to the Plaintiff the unpaid price of KRW 62,35,496 (=102,335,496-40,000) and damages for delay calculated at the rate of 20% per annum from July 3, 2013 to the date of full payment, which is the day following the delivery of a copy of the instant complaint.

3. Determination as to the claim against Defendant D

A. The Plaintiff’s primary claim 1) With the following reasons as to the cause of the claim, Defendant D is jointly and severally liable with other Defendants to pay the Plaintiff unpaid goods price and delay damages, such as the description in the claim.

① Defendant D agreed to jointly and severally repay the instant goods payment obligation to Defendant B with Defendant C.

② The Defendants operated the instant hospital as a partnership.

Defendant B shall invest in the same business as a medical device supplied by the Plaintiff.

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