beta
(영문) 인천지방법원 2020.07.02 2019가단231013

채무부존재확인

Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 33,837,786 and shall pay the full payment from July 4, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff was a business employee who consigned the general medicine produced by the Defendant to a pharmacy.

The plaintiff and the defendant sell general drugs to pharmacies in the following manner and settle fees:

1) Employees such as the Plaintiff sell over-the-counter drugs produced by the Defendant to a pharmacy. 2) A pharmacy shall pay the price for the medicine supplied to the Plaintiff in cash or by credit card directly to the Defendant.

3) In the event that a pharmaceutical price is paid in cash, business employees shall pay the amount paid from a pharmacy to the Defendant, and then receive the settlement amount at the settlement rate. If a pharmacy makes a payment by credit card, the Defendant shall pay the settlement amount to the business employees according to the settlement rate after the settlement was made. B. As the Plaintiff’s employees transferred the transaction card to the Plaintiff, the settlement of the outstanding amount that the Plaintiff owes to the Defendant was required. Accordingly, the Plaintiff and the Defendant entered into a transfer contract as set forth below on March 16, 2015. On March 1, 2015, the Defendant and the Plaintiff shall complete the acquisition for KRW 65,459,987 recognized by the principal among the outstanding balance of the Defendant’s business partners ( February 6, 2015).

2. The remaining position set forth in No. 1 above is the Plaintiff’s direct balance among the actual computerized balance 123,984,867 won and the amount calculated by deducting three returned cases relating to the public diagnosis from 4,985,251 won.

3. The Plaintiff shall deposit the acquisition price of KRW 65,459,987 with the headquarters in advance by March 31, 2015 in the door-to-door bill by March 31, 2015.

4. The plaintiff shall be converted to a free earned income immediately after accepting the above balance, and the term of the contract shall be one year.

C. The Plaintiff and the Defendant are on April 6, 2015.

The transfer contract was concluded with the contents similar to the statement in the paragraph.

However, the outstanding amount recognized by the plaintiff and the defendant in the contract dated April 6, 2015.