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(영문) 부산지방법원 2014.07.25 2013가단106013
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 52,874,224 and the interest rate of KRW 20% per annum from December 11, 2013 to the date of full payment.

Reasons

1. Basic facts

A. Nbden Korea Co., Ltd. (hereinafter “Nbden Korea”) is a company that imports and sells medical equipment from Japan. The Plaintiff is a company that has exclusive business rights in Yong-Nam and Jeju-do with respect to medical equipment imported by Nbden Korea, and the Defendant is a company that has exclusive business rights in the metropolitan area, including Seoul Games.

B. Around December 2012, the Plaintiff intended to supply MF-100A (hereinafter “instant medical equipment”) to the Ulsan National University Hospital, which is a medical equipment, but did not have any equipment owned by the Plaintiff, to supply 1 set of equipment owned by the Defendant to the Ulsan National University Hospital.

C. Accordingly, on January 15, 2013, the Defendant supplied one set of medical equipment in the instant case to Ulsan National University Hospital, and the same year.

6. He received the amount from the Ulsan National University Hospital. D.

After that, the Plaintiff and the Defendant continue to have a dispute over the cost of equipment supplied by the Defendant to the Ulsan University Hospital. On July of the same year, the Plaintiff and the Defendant agreed to supply the Defendant with one set of equipment identical to the medical equipment of this case, and to receive the cost of KRW 35,874,224 and sales profit of KRW 17,00,000 from the Defendant.

(hereinafter “instant agreement”) e.

On July 23, 2013, the Plaintiff supplied the Defendant with the instant medical equipment 1 set imported by the Plaintiff, and issued a tax invoice related to the said supply on July 31, 2013, and the Defendant completed the said tax return based on the said tax invoice.

[Ground of recognition] 1-1, 2, 2-1 through 4, 3-1, 2, 4-1, 5-2, 5-1, 5-2, 5-1, 5-2, 5-2, 5-3, 5-4, 5-2, 5-2, 5-2, 5-2, 5-2, 5-3, 5-2, 5-3 and 4-2, 5-2, and 1-3,

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant.

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