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(영문) 인천지방법원 2016.04.21 2015나7985

물품대금

Text

1. The judgment of the first instance, including the extension and reduced claim of the plaintiff at the trial, shall be modified as follows:

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of running a wholesale and retail business of pharmaceutical medical devices, non-pharmaceutical drugs, and health foods. The Defendant is a company established for the purpose of running a pharmaceutical manufacturing business, etc.

B. The Plaintiff supplied drugs, etc. from October 201 to April 2013, and paid the price in full.

C. The Plaintiff returned part of the medicine supplied by the Defendant by April 2013. The Defendant returned only part of the medicine price returned to the Plaintiff, and the amount not returned is KRW 1,124,507.

From June 13, 2013 to October 17, 2013, the Plaintiff requested the Defendant to additionally return drugs equivalent to the total amount of KRW 23,038,379 to the Defendant, but the Defendant rejected the request.

E. On October 30, 2013, the Plaintiff paid the amount of KRW 1,124,507, which was unpaid to the Defendant, and notified the Defendant of the payment for the goods upon the request for additional return.

[Ground of recognition] Facts without dispute, Gap evidence 1, 9 evidence, Eul evidence 1 to 3, the purport of the whole pleadings

2. With respect to the claim for return of KRW 1,124,507 of the returned goods price, the Defendant is obligated to pay to the Plaintiff 1,124,507 of the price of the medicine returned to the Plaintiff and 6% per annum under the Commercial Act from October 31, 2013 to August 19, 2015, the delivery date of the application for change of the purpose of the claim and the cause of the claim, as requested by the Plaintiff, from October 31, 2013 to August 19, 2015; Article 3 of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment; Articles 1 and 2(1) of the Addenda of the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings; Article 3(1) of the former Regulations on Legal Rate of Interest Rate of Article 3(1) of the former Act (amended by Presidential Decree No. 26553, Sep. 25, 2015).

The Plaintiff is also seeking damages for delay from October 18, 2013 to October 30, 2013.