(영문) 서울중앙지방법원 2017.10.25 2017가단5014645

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(영문) 서울중앙지방법원 2017.10.25 2017가단5014645

손해배상(기)

Text

1. The Defendant concluded a facility lease (lease) agreement on the attached list from December 1, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On March 31, 2016, through the Defendant’s employee B, the Plaintiff entered into a contract with the Defendant to purchase one pressure therapy device (the name spineMT, model name K; hereinafter “instant medical device”) from the Defendant for KRW 65 million, and the purchase price was to be paid through a facility lease agreement.

(hereinafter referred to as "the sales contract of this case")

The main contents of the instant sales contract (including special terms) are as follows.

Article 2 [Payment of Price] Sales Amount shall be KRW 65 million in total, and if the payment is to be made by lease, it shall be in principle the use of capital, but the lease company may be used under the agreement between the plaintiff and the defendant.

Article 4 [ownership] The Plaintiff shall not be construed as acquiring ownership even in cases where the Plaintiff pays to the Defendant the full amount of the purchase price, including value-added tax, and acquires ownership of the subject matter at the same time (or at the same time the full amount of the purchase price under lease is paid in full to the Defendant).

In other words, the ownership of the product belongs to the defendant until the plaintiff fully pays the purchase price.

(1) The interest of the special agreement shall be borne by the Company for a period of three months. (2) The cable advertisement within the jurisdiction of Ulsan Metropolitan City shall be broadcast for one month.

3) In the event that there is no patients with 3 hap9 per month during the three-month grace period, the equipment shall be removed from the company. 4) If there is no effect equivalent to the thesis, the equipment shall also be removed from the company.

5) Pursuant to paragraphs 3 and 4, the lease of equipment is immediately terminated and the Plaintiff is not obligated. (c) On April 4, 2016, the Plaintiff entered into a facility lease agreement (hereinafter “instant lease agreement”) on the attached list stating that the instant medical device is to be leased between the KB Capital Capital and the KB Capital.

D. D.

The Defendant received KRW 65 million from KB Capital and delivered the instant medical device to the Plaintiff.

(e).

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