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(영문) 서울남부지방법원 2019.08.23 2017가합107583
물품대금
Text

1. As to USD 1,758,134 in U.S. dollars and USD 1,587,226 in relation to the Plaintiff, the Defendant from October 17, 2018.

Reasons

1. Basic facts

A. On April 1, 2012, C concluded a contract with the Defendant for the supply of equipment (contract number D) with the Defendant for medical diagnosis (hereinafter “instant contract”) on April 1, 2012, C Co., Ltd. concluded a contract with the Defendant to conclude that “C shall transfer the acquired equipment and knowledge related to the operation and so on to the Defendant, and the Defendant shall pay C the amount of USD 1,200,000 (i.e., USD 90,000 for equipment cost (i., USD 300,000 for knowledge management and price for equipment cost, USD 300,000 for USD 9,00 for all)” (hereinafter “each of the instant contracts”).

C performed the transfer of equipment and knowledge in operation according to each of the above contracts.

B. The Plaintiff merged C on January 6, 2016.

On April 22, 2016, the Defendant paid USD 200,000 to the Plaintiff. On April 22, 2016, the Defendant sent to the Plaintiff a “pre-paid plan” to the effect that the Plaintiff would make installment payments of USD 1,576,226, excluding USD 200,000 that was paid on the day among the total payments of USD 1,776,226 under each of the instant contracts ($ 1,76,226 - USD 200,00).

(1) On April 29, 2016, the total amount of USD 524,00 for engineers’ expenses (Engine exe) 4,000 on April 29, 2016 and USD 24,000 on April 100, 200 on April 29, 2016; KRW 10,000 on May 15, 2016; KRW 150,000 on May 15, 2016; KRW 150,000 on May 15, 200; KRW 60,000 on June 30, 200; KRW 150,000 on June 30, 2016; KRW 631,70,707; KRW 70-30,70 on July 30, 2016; and KRW 640,50 on July 6, 2016.

C. The Plaintiff did not pay USD 434,456, which the Defendant was scheduled to pay until May 30, 2016 ($ 11,000, USD 24,000, USD 100,000, USD 195,456). The Plaintiff did not pay USD 100,000, USD 195,000.

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