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1. The plaintiff No. 102,872,090 won and the defendant No. 2, and the defendant No. 1.
Reasons
1. Common factual relations;
A. On January 2009, Plaintiff A and Nonparty A entered into a drug supply agreement with Defendant A, who operates a drug wholesaler in the name of “E” around January 2009. Defendant B, who is the wife of Defendant A, jointly guaranteed Defendant A’s obligation to pay for the above goods within the limit of KRW 30 million.
On December 18, 2011, the amount of the remainder of the product price for the Defendant A of the Plaintiff’s Out-of-the-counter medication was KRW 148,986,908. However, on June 18, 2012, the Plaintiff’s out-of-the-counter medication recovered the drug amounting to KRW 5,621,964 from the Defendant.
B. On September 21, 2009, Plaintiff A entered into a medicine supply agreement with Defendant A, and Defendant B guaranteed Defendant A’s obligation to pay for the above goods within the limit of KRW 10 million.
Around the end of December 2011, the amount of claims for remaining goods against Defendant A of the Plaintiff’s name-related drug was KRW 110,770,236, but the Plaintiff’s name-related drug recovered from Defendant A the amount equivalent to KRW 1,038,418 on June 25, 2012.
C. Defendant A discontinued the said drug wholesaler around December 31, 201.
[Ground of recognition] Unsatisfy, Gap evidence 1, 8, 14-1, 2, Gap evidence 2, 3, 15, 17-1 to 7, Eul evidence 16-1 to 4, Eul evidence 4-1 to 4, witness F's testimony, and the purport of whole pleadings
2. According to the facts of the determination as to the claim against Defendant A and Defendant B, the above Plaintiff’s claim is based on the following facts: ① Defendant A and Defendant A’s remainder of the product price liability of KRW 143,364,94 ( KRW 148,986,908-5,621,964) and related thereto; and Defendant B jointly and severally with Defendant A and severally with Defendant A, with the limit of guarantee amount of KRW 30,000,000 and each of them after the final supply date; from January 1, 2012 to May 22, 2012, it is evident that the delivery date of a copy of the complaint of this case is the delivery date of a copy of the complaint of this case from January 1, 2012 to the delivery date of a copy of the complaint of this case; and the promotion of litigation, etc. from the following day to the full payment date.