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(영문) 부산지방법원 2016.01.28 2014가합6261
물품대금 등
Text

1. The Plaintiff, Defendant B’s KRW 394,645,592 as well as Defendant B’s annual amount from June 18, 2015 to January 28, 2016, and Defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company for the purpose of drug sales business, etc., and Defendant B is running the drug wholesale business under the trade name of Defendant B, Defendant D is an employee of Defendant E, and Defendant B is operating with Defendant B.

Defendant C is the operator of G of a pharmaceutical wholesaler G.

B. Defendant B, who did not have any particular asset and was provided with a drug wholesaler, was willing to take a dumping disposition at a price lower than that provided by the Plaintiff to other drug wholesalers rather than hospital or pharmacy, and even if the Plaintiff was supplied with the drug from the Plaintiff, the Plaintiff’s representative director on September 2012, stating, “The Plaintiff would pay the price to H within 90 days after the Plaintiff supplied the drug to the hospital or pharmacy, and offer a collateral for the purchase of the drug,” which was supplied from September 12, 2012 to February 5, 2013 by means of false statement that “The Plaintiff supplied the drug to H within 90 days after the Plaintiff supplied the drug to the hospital or pharmacy, and as indicated in the following table.”

From September 12, 2012 to February 5, 2013, the details of supply of drugs to E, the details of return of the drugs partially repaid or supplied from E, and the details of distribution of KRW 53,912,73 on March 10, 2015 by exercising the right to collateral security as set forth in the following sub-paragraph (c) are as follows:

Serial 12012-09-1222,513, 2012-13, 209-13, 2012-09-13, 604, 204, 832323, 2024, 204, 208-14, 205, 208-294, 205, 204, 205, 205, 2064, 205, 204, 205, 207, 205, 204, 205, 207, 204, 205, 206, 205, 204, 205, 206, 205, 306, 29-17, 94, 29-19, 205, 297

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