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(영문) 서울고등법원 2015.02.12 2014나2006242

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) The Plaintiff is a pharmacy with the trade name of “D” (hereinafter “instant pharmacy”) in the building of the building of the building of the Daegu Jung-gu, Daegu-gu C

2) The Defendant is a corporation that runs the drug wholesale business, and F is the head of the Seoul Business Headquarters’s team, affiliated with the Defendant, who is an employee of the Defendant in charge of drug transaction between the Defendant and the Plaintiff.

3) On September 201, the Plaintiff was introduced by G through G, a staff member of the instant pharmacy. (b) The Plaintiff entered into a drug transaction agreement with the Defendant to supply drugs to the Plaintiff via F (hereinafter “instant contract”). The transaction method under the instant contract was first supplied with drugs on credit from the Defendant, and later paid the Defendant the purchase price on credit by using the credit card in the name of the Plaintiff at the end of each month.

In the instant lawsuit, only the written agreement (No. 10) signed between the Plaintiff and the Defendant on July 31, 2012, was submitted. However, the Plaintiff and the Defendant appears to have prepared a written agreement with the same content at the time of entering into the instant contract and engaged in drug transactions.

The main contents of the Committee shall be as follows:

1. A (Defendant) shall supply drugs to B according to the order of B (Plaintiff), and A (credit and real rights) shall provide drugs to B within the credit limit set by B (credit and real rights) on the basis of security offered by B (credit and real rights).

2. As for drugs supplied by Party B and temporarily possessed by Party B, the right of recourse shall belong to Party B and shall be transferred only when the price is paid in full.

In addition, if payment is not fully paid by one (mutual consultation) or normal settlement is impossible.