logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.06.02 2015가합579386
매매대금반환
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 74,00,000 to the Defendant (Counterclaim Plaintiff) and against this, from August 29, 2014 to June 2, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is the chief director of C, who operates the D Hospital located in the astronomical City, the E Hospital located in the budget, and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) operates the F Hospital located in Ansan-si.

B. On July 16, 2014, the Plaintiff entered into the instant sales contract with the Defendant to purchase all of the medical devices used by the F Hospital for KRW 200 million (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows. The items of the sales contract are as follows: All the items attached to the list of medical devices, all of the items attached thereto, all of the items, computer programs, and all of the items owned by the president B (Defendant) located in the F Hospital in the F Hospital (hereinafter “the subject matter of the instant sales contract”).

A person shall be appointed.

1. As of July 16, 2014, a sales contract with B (Defendant) and A (Plaintiff) C shall be concluded;

2.The above-mentioned commitments to use the goods as the object of medical service at the main building of Seongbuk-gu G at the time of the cheon-gu.

Provided, That the office or medical device required for some E hospitals is promised to change the location in consultation.

3. The total trading price shall be two hundred million won.

The down payment shall be KRW 20 million on the day of the contract.

The remainder of KRW 100 million shall be paid to B (Defendant) after confirming the date on which all goods are relocated from the F Hospital to the ceiling.

August 28, 2014 shall be the last day before August 28, 2014, and a prior notice shall be issued three days prior to the date.

2) In accordance with the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 20 million on July 16, 2014, and paid the intermediate payment of KRW 100 million on August 7, 2014. 3) After entering into the instant sales contract, the Defendant delivered, among the subject matter of the instant sales, so-called the instant medical device, so-called Does (i.e., Grandsch Rexroth first; hereinafter referred to as “Does”) for use in the Plaintiff’s budgetary E Hospital, and the medical device in the instant case is all the subject matter to be traded, including the remainder of the medical device.

arrow