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(영문) 서울중앙지방법원 2021.02.16 2019나64558
물품대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The judgment of the first instance is the purport of the claim and the appeal.

Reasons

1. Facts of recognition;

A. The status of the parties and related persons (1) The Plaintiff is a company whose head office is located in Seo-gu Daejeon Metropolitan City, Daejeon for the purpose of manufacturing and selling medicines, non-pharmaceutical drugs, veterinary drugs, chemical medicine, and agricultural and fishery medicine. The Defendant is operating the “E” in Suwon-gu, Suwon-gu, Suwon-gu, and the second floor (hereinafter “the instant hospital”).

(2) F is a person who was in charge of administrative affairs as the head of the instant hospital operated by the Defendant; G is a pharmaceutical company having access to the instant hospital; H sales employees of H; I is a pharmaceutical company having access to the instant hospital; and J is a pharmaceutical sales employee in charge of the instant hospital under the Plaintiff; and a seller of cosmetic drugs who sells cosmetic drugs, and the J is an intermediary for illegal export of prescription drugs.

B. (1) On December 2, 2016, the Plaintiff entered into an agreement with the Defendant on the transaction of drugs with the Defendant, and received an order for necessary drugs from the Defendant to the instant hospital through I, and supplied the relevant drugs to the instant hospital.

(2) On April 4, 2017, G issued an order of 30,000 K (the above injection No. 30,000 g, meaning, supply price of 19,319,520 won; hereinafter “the instant medicine”) sold to G under the name of the instant hospital to G, and sold the instant medicine that the Plaintiff released from G to the instant hospital at the Suwon L resting Place in Suwon-gu, 2017, after taking over it from G to the instant hospital.

[Grounds for Recognition] No dispute

2. The plaintiff's assertion and judgment

A. (1) The Plaintiff received the instant medicine order from the Defendant (i.e., G, the Defendant’s agent), and supplied it to the instant hospital, and the Defendant is obligated to pay KRW 19,319,520 to the Plaintiff.

(2) The Defendant’s nameless winners (hereinafter “the Defendant’s nameless winners”) affixed the Defendant’s name cards on the transaction specifications of the instant drug (Evidence No. 11). Accordingly, the Plaintiff’s tax invoice (Evidence No. 5) in the Defendant’s future.

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