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(영문) 대구지방법원 2017.08.30 2017나302965
당좌수표금
Text

1. The judgment of the court of first instance is modified as follows.

1.(a)

The Defendants shall list the number of copies in the separate sheet from the Plaintiff.

Reasons

1. The Plaintiff’s determination as to the cause of the claim is a company established for the purpose of engaging in the manufacture, sale, etc. of drugs. Defendant A was a person who registered the wholesale business on June 24, 2013 with the trade name “C”, and Defendant B was a pharmacist operating “D pharmacy”, and the Plaintiff supplied drugs to C from November 2013 to December 2015 (only the Plaintiff was returned of drugs from C in March 9, 2016). The remaining attempted amount is KRW 13,715,467 (the amount remaining after deducting KRW 959,80,000 from the sales incentive amount not paid by the Plaintiff to C). Defendant B issued the check of this case on the basis of the number of shares stated in the separate sheet (hereinafter “the check of this case”), and Defendant A’s last refusal to pay the check of this case, and Defendant B issued the check of this case as the holder of the check of this case’s 13,715,800,0000.

Therefore, Defendant B is the issuer of the instant check, barring special circumstances, and Defendant A is obligated to pay interest and delay damages calculated at the rate of 13,715,467 per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment, as the Plaintiff’s claim, as the check amount of KRW 13,715,467, and after the date of presentment for payment. Defendant A is obligated to pay to Defendant A the interest and delay damages calculated at the rate of 6% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as the check amount of KRW 13,715,467, and as the date of presentment for payment, until December 7, 2015, on which the duplicate of the instant check was served to Defendant B.

2. Judgment on the defendants' assertion

(a) the defendant against this;

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