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서울중앙지방법원 2017.06.22 2016가단14360
물품매매대금 등
Text

1. Defendant A Medical Consumer Cooperatives and B are jointly and severally liable to the Plaintiff for KRW 22,00,000,000 and also liable to the Plaintiff.

Reasons

1. Facts of recognition;

가. 원고는 의약품, 의약외품 등을 판매하는 법인으로서, 피고 A의료소비자생활협동조합(이하 ‘피고 조합’이라 한다)이 운영하는 고양시 덕양구 D 소재 ‘E의원’(이하 ‘이 사건 병원’이라 한다)에 2015. 5. 29. 보툴렉스주(보톡스) 100U 200개, 같은 해

8. The above goods 300 items, and the same year.

6. 12. The above 500 items were supplied per unit price of 32,00 won per unit.

B. As above, the Plaintiff issued each electronic tax invoice stating the details of the transaction, and prepared a statement of transaction and a certificate of receipt of goods (biological receipt) at each delivery date. The above statement of transaction and the certificate of acceptance of goods are affixed with the name of the instant hospital’s seal, and the certificate of acceptance of goods is signed by F of the instant hospital’s employees.

C. Meanwhile, on May 28, 2015, Defendant B prepared and delivered to the Plaintiff a joint and several surety (Evidence A 9; hereinafter “instant joint and several surety”) stating that the instant hospital is jointly and severally and severally liable for the present or future debt incurred from a product transaction with the Plaintiff.

The plaintiff above A.

Of the total amount of goods supplied as stated in paragraph (1), KRW 32,00,000 (=32,000 + 200 + 300 + 500 +) the Plaintiff’s employees G did not receive the remainder of KRW 22,00,000,000, excluding the aggregate amount of KRW 10,000,000, which was collected by credit card by the Plaintiff’s employees G as the instant hospital.

[Ground for Recognition] : Each entry of facts without dispute, Gap evidence 1 through 8 (including each number), Gap evidence 9 (the part against defendant B; the above defendant alleged that his own pen part was forged, but the authenticity may be established by the witness G's testimony, the witness G's testimony, and the purport of the whole pleadings.

2. Determination

A. (i) According to the above facts, the defendant union and the joint surety B, together with the defendant union and the joint surety, shall pay 22,000,000 won for the goods unpaid to the plaintiff and the damages for delay.

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