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(영문) 서울북부지방법원 2014.01.21 2013가단6466

물품대금

Text

1. The Defendant’s KRW 28,01,397 as well as the Plaintiff’s KRW 6% per annum from January 1, 2013 to January 21, 2014.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff supplied medicine amounting to KRW 78,708,506 in total to the Defendant from August 4, 2012 to December 31, 2012 upon request of the Defendant who operates C pharmacy on the first floor of Seocho-gu Seoul, Seocho-gu, Seoul. However, the Plaintiff issued the medicine amounting to KRW 78,708,50 in installments to the Defendant at the Defendant’s request. However, the Plaintiff claimed that the Plaintiff did not pay the said medicine amount to the Plaintiff and sought payment of the said medicine amount.

B. As to the defendant's assertion, the defendant asserts that the non-party F was engaged in drug transactions with the plaintiff until November 2012 among the drug prices claimed by the plaintiff. The defendant did not have any obligation to pay the plaintiff the drug prices since the F completed settlement with F with respect to the drug purchased from F. As such, the defendant supplied the drug from the plaintiff on December 2012, but the other pharmaceutical companies adjusted the drug prices, so the defendant is also obligated to pay only the price adjusted.

2. Determination on the cause of the claim

A. According to the following: (a) whether the Plaintiff is liable for the payment of the pharmaceutical products supplied until November 2012; (b) the entry in the evidence No. 3-1 to No. 4; (c) the witness G testimony; and (d) the results of the fact inquiry into the Health Insurance Review and Assessment Agency, and the overall purport of the arguments, the Plaintiff issued a tax invoice by designating the Plaintiff as a person to be supplied with the DNA (representativeF) and E Pharmacy (representativeF) other than the three pharmacy operated by the Defendant until November 2012; (c) the Plaintiff received health insurance benefits and medical benefits from the Health Assessment and Assessment Agency for the pharmaceutical products sold before the date of November 2012; (d) the Plaintiff traded the pharmaceutical products with H, the spouse of F and F, and supplied the pharmaceutical products to the three pharmacy operated by the Defendant after introducing the Defendant from H; and (d) the Defendant introduced and operated the former pharmacy by H.