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(영문) 서울중앙지방법원 2016.07.21 2014가합587427

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a pharmaceutical company that sells and manufactures drugs. The Defendant is a company that operates a cyber-mall as an electronic commerce company related to medicine and arranges the investigation of drugs or transactions between pharmaceutical wholesalers and pharmacies.

B. The Plaintiff and the Plaintiff’s Mail Drugs Co., Ltd., and Mail Drugs Co., Ltd., Ltd. (hereinafter “Mail Drugs”) are drug wholesalers.

(2) The agreement between the Plaintiff and the sexual medicine included an ownership reservation clause to the effect that “the ownership of the Plaintiff’s products and other products is reserved to the Plaintiff until the sexual medicine pays the price in full.” 2) The Plaintiff entered into a drug transaction agreement with a drug wholesaler, a drug wholesaler, and supplied the drugs to the e-mail. The agreement made between the Plaintiff and the e-mail included an ownership reservation clause to the effect that “the Plaintiff’s ownership of the Plaintiff’s products and other products is reserved to the Plaintiff until the e-mail pays the price in full.”

3) The sum of the supply amounts that the Plaintiff had not received from the sexual medicine by July 10, 2013 is KRW 37,332,756. Of them, the amount of supply due to the return and treatment of some of the pharmaceutical products is KRW 23,259,153. 4) The sum of the supply amounts that the Plaintiff had not received from the instant pharmaceutical by November 18, 2013 is KRW 713,054,495. Of them, the amount of the supply amount that was returned to the said pharmaceutical was KRW 412,760,152, but the unpaid supply amount was KRW 50 million, but the unpaid supply amount was KRW 362,760,152.

C. Sexual medicine, i.e., e., e., a business partnership agreement between the Defendant and sexual medicine, from the point of December 1, 2008.