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(영문) 서울서부지방법원 2015.12.10 2014가합7063

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. In the 1990s, the Plaintiff and the Defendant concluded a credit transaction agreement with the Plaintiff to sell drugs and other goods produced by the Plaintiff and continued to sell drugs.

In the above transaction process, the Plaintiff entered the name, unit price, quantity, etc. of the medicine delivered to the Defendant before and after delivery of the medicine, and issued a transaction statement stating the total loan (the total amount of bills issued for unpaid goods and payment but not yet settled) and balance (the amount of unpaid goods excluding the amount of bills issued for payment) up to the lower end, and the Defendant returned the medicine to the Plaintiff with the seal affixed to the above transaction statement before and after delivery.

B. From the date of 2008, the Plaintiff managed the “direct payment” case where the Plaintiff transferred goods to the Defendant (Transaction Code 642975) and the “liver payment” case where the Plaintiff transferred goods to the Defendant’s hospital, etc. (Transaction Code 701033).

In addition, from 2004 to 2008 during the transaction period with the Defendant, the Plaintiff pretended that there had been actual transactions by issuing a false statement of transactions and a tax invoice therefor as if the Plaintiff supplied drugs to the Defendant, even though the Plaintiff did not supply the drugs, and such false transactions (hereinafter referred to as “excesss”) have been managed by using the Customer Code 586978 in relation to the said false transaction (hereinafter referred to as “the terms used by the Defendant”).

C. However, the Plaintiff, on November 12, 2008, issued a statement of trading KRW 1,280,50,509,858 (Evidence 4-1) with the transaction code of KRW 642975, and issued a statement of trading KRW 1,280,509,858 (Evidence 4-2) with the transaction code of KRW 642975. In fact, the Plaintiff is actually aware of KRW 1,280,509,858 out of the price of medicine for false trading.