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(영문) 인천지방법원부천지원 2014.05.23 2013가단1398
의약품대금
Text

1. As to the Plaintiff KRW 94,405,634 and KRW 12 million among them, the Defendant shall pay to the Plaintiff KRW 23 million from March 1, 2013 and KRW 23 million.

Reasons

1. Facts of recognition;

A. On August 2012, the Plaintiff entered into a drug supply contract with B, which was operating a pharmacy (hereinafter “E pharmacy”) with the trade name of “E pharmacy” (hereinafter “the instant pharmacy”) located in Bupyeong-gu, Bupyeong-gu, Incheon, Incheon. The Plaintiff agreed to receive the drug price from August 17, 2012 to November 28, 2012, and supplied drugs from August 17, 2012 to November 28, 2012.

B. In relation to the above pharmaceutical proceeds, the Plaintiff issued, around August 31, 2012, a promissory note, the face value of which is KRW 12 million, and the due date of which is February 28, 2013; the face value of KRW 23 million around September 26, 2012; the due date of which is March 31, 2013; the promissory note, the face value of KRW 27 million around October 18, 2012; the due date of which is April 30, 2013; the promissory note, the face value of which is KRW 32 million around November 27, 2012; the due date of which is KRW 32 million; and the due date of which is May 31, 2013; and the remaining amount of the pharmaceutical proceeds that have not been delivered, are as at KRW 408,406,405,65,208.

C. On November 23, 2012, the Defendant entered into a contract for the transfer and acquisition of the instant pharmacy with B, assessed the value of medicine in the instant pharmacy, as well as the instant pharmacy facilities and goodwill premium, as a total of KRW 150 million, and determined the said amount as the transfer and acquisition price.

(hereinafter referred to as “instant acquisition agreement”) D.

Around November 26, 2012, the Defendant entered into a lease agreement with a lessor D as the owner of the instant pharmacy, with respect to the instant pharmacy. The term of lease was from November 27, 2012 to May 31, 2016, and the rent was KRW 12 million per month until November 30, 2013, and KRW 13 million per month from December 1, 2013 to May 31, 2016.

(hereinafter “instant lease agreement”).

E. From November 27, 2012, the Defendant operated the instant pharmacy in the name of “E pharmacy” with the same trade name as that of the transfer from November 27, 2012, and most employees, including B’s employees F, G, and H, continued to work as the Defendant’s employees.

[Ground of recognition] dispute.

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