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(영문) 서울남부지방법원 2014.12.18 2013가단82238

물품대금

Text

1. The Defendant’s KRW 28,061,60 for the Plaintiff and 6% per annum from April 26, 2014 to December 18, 2014.

Reasons

1. The Plaintiff, which caused the instant claim, concluded a drug supply contract with the Defendant, and supplied Maol to the Defendant.

Marpool supplied to the Defendant from January 14, 2013 to December 31, 2013 is a total of 7,030 ropes (100 caps per A). The unit price that the Defendant is liable to pay to the Plaintiff is KRW 28,767.50 discounted from KRW 31,100 to KRW 7.5%, and thus, the Defendant ought to pay to the Plaintiff a total of KRW 202,235,525.

However, the defendant only paid to the plaintiff KRW 133,747,035.

Therefore, the defendant should pay the difference to the plaintiff 68,488,490 won and damages for delay.

2. Determination:

A. A. Around 2001, the Plaintiff entered into a drug transaction agreement with the Defendant that “The Plaintiff determined the volume and unit price of the medicine that the Plaintiff supplies to the Defendant, and the Defendant confirmed the delivery of the present product and notified the Plaintiff when the shortage or quantity occurred.” (ii) On March 24, 2011, the Plaintiff entered into a contract with the Defendant for the “unit price contract” included in the above drug transaction agreement (hereinafter “unit price contract in this case”) with the Defendant on which the Plaintiff supplied the said medicine pursuant to the above transaction agreement with the Defendant on March 24, 201. The content of the contract in this case is “Maol” medical use in January 201, and the Plaintiff cannot supply it directly to the hospital, and as prescribed by the Narcotics Control Act, it should be supplied to the Defendant, such as the Defendant. The Plaintiff changed the unit price to the “Efin” and the “EFin price,” but the Plaintiff’s agreement on the supply of the said medicine constitutes 15% discount of the Plaintiff’s final delivery to the Defendant.

(C).