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Reasons
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(영문) 수원지방법원성남지원 2019.07.05 2018가단218662
채무부존재확인
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1. The Plaintiff (Counterclaim Defendant) paid KRW 45,952,112 to the Defendant (Counterclaim Plaintiff) and its related expenses from March 31, 2018 to June 22, 2018.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff is a company that runs the wholesale business of pharmaceutical products, and the Defendant is a company that manufactures and sells pharmaceutical products.

B. Around March 15, 2017, the Plaintiff entered into a transaction agreement with the Defendant to be supplied with drugs manufactured and imported by the Defendant and the Plaintiff to pay the price.

At the time, the Plaintiff and the Defendant agreed to supply the above medicine to F Co., Ltd. designated by the Plaintiff, and the price for goods was to be paid to the Defendant.

C. On March 2, 2017, the Plaintiff issued a performance guarantee insurance policy (a contract amount of KRW 50 million) to the Defendant, which was set out from March 1, 2017 to February 28, 2018, to secure the payment of goods.

The Defendant supplied drugs to KRW 162,952,112 from March 31, 2017 to February 2, 2018 in accordance with the goods transaction agreement described in the foregoing Paragraph (b), and the Defendant issued a tax invoice for this to the Plaintiff.

The Plaintiff’s repayment of KRW 20 million on January 30, 2018 to the Defendant is KRW 45,952,112, which was not paid by February 2, 2018.

[Grounds for Recognition: Evidence No. 1, Evidence No. 2, No. 7, and No. 8; Evidence No. 2, 7, and 8; Witness G’s partial testimony; Purport of the whole pleadings]

2. The assertion and judgment

A. The plaintiff asserts that he did not receive any medicine from the defendant for the instant goods transaction, and that he did not bear the obligation for the payment for the goods, and that he did not confirm the existence of the obligation as the principal lawsuit. The defendant supplied all the goods to F Co., Ltd. designated by the plaintiff, and thus, should bear the obligation for the payment for the goods based thereon. The plaintiff asserts that the payment for the goods unpaid as a counterclaim is sought.

B. After entering into the instant transaction agreement with the Plaintiff, the Defendant: (a) entered into a drug agreement with the Plaintiff; and (b) entered into the drug agreement with the Plaintiff.

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