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(영문) 서울고등법원 2014.09.19 2013나78015
의료장비인도
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. On May 3, 2011, the Plaintiff entered into a contract with the Defendant, a medical doctor operating the C Hospital, under which the following terms and conditions were entered into with respect to the Dilon 6800 Bama (hereinafter “instant medical device”) (hereinafter “instant contract”).

Dil 6800 Gamma Ga Joint Operation Agreement with the Defendant (hereinafter “Defendant”) and the Plaintiff (hereinafter “B”) (hereinafter “the Plaintiff”) enter into a contract as follows:

Article 2 (Implementation following Transfer of Equipment for Minimum Loss Compensation) The term of this Agreement shall be 440 million won (including value-added tax) of the amount of equipment until the amount of equipment is compensated.

Before the preservation period, the equipment shall be promptly delivered to B when the cost of the equipment is paid in the amount of KRW 440 million.

A shall pay at least 10,000,000 won every month from three months from the installation of equipment to preserve the cost of equipment.

Provided, That where the operating income is insufficient, A and B shall be borne by 50 to 50.

Section 3 (Establishment) B shall deliver articles of this Agreement to a place determined by the hospital by May 23, 201.

In addition, if early delivery is required due to the circumstances of the employment department, it shall be complied with.

During the use of the instant medical device, Lone Star, a radioactive drug, supplied the entire quantity to B, and Party A cannot purchase the instant medical device from another company to use it.

Article 4 (Distribution of Profits) The distribution of profits shall be excluded from the total profits generated during a month (materials Costs, Personnel Expenses, etc.).

The sum of 75,000 won in the case of 10,000 won in the case of 300,000,000 won in the case of 300,000 won in the case of 10,000 won in the case of 100,000 won in the case of 10,000 won in the case of 10,000 won in the case of 10,000 won in the case of 30,000 won in the case of 3,00,000 won in the case of

(2) the proceeds of this subsection.

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