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(영문) 대법원 2015.09.15 2015다2577

물품대금

Text

The judgment of the court below is reversed, and the case is remanded to the Panel Division of the District Court.

Reasons

The grounds of appeal are examined.

1. Review of the reasoning of the lower judgment and the record reveals the following facts.

C around 204, around 2004, from around 2005 to “H,” from “I,” from “electric source medicine,” from “electric source medicine,” and from around 2007, from “the Plaintiff Company as a pharmaceutical seller,” and the Defendant was supplied with drugs from the said Company through “B Hospital” from February 2004.

B. The purchase of the medicine through C by the Defendant or B Hospital ordered the medicine by determining the item and quantity of the medicine to C. When the medicine is delivered to B Hospital, the staff in charge of the medicine is replaced by the name, size, and quantity of the medicine as stated in the original order delivered with the medicine. After that, C, who visited the hospital, received a copy of the original order and confirmed the details of the original order, the transaction statement stating the name, unit price, supply price, etc. of the medicine and the transaction statement, and confirmed the confirmation letter between the individual medicine quantity column and the price column in the medicine transaction book. If the medicine price was partially repaid, the staff in charge was stamped by the cumulative balance.

Pursuant to the case of the defendant, the defendant confirmed the drug transaction statement and signed the accumulated balance on the side of the part where the drug price is partially repaid.

C. Even after the change of the Plaintiff Company, C prepared a trading statement based on the cumulative balance of the existing pharmaceutical trading place with respect to the pharmaceutical products supplied to the Defendant. From June 15, 201, from around June 15, 201, C used the instant trading statement stating the Plaintiff Company’s trade name, and traded with the Defendant.

As used in the transaction of the Plaintiff Company’s pharmaceutical products, the name, quantity, unit price, value of supply, and the amount, balance, etc. of the Plaintiff’s pharmaceutical products supplied to the customer are stated.