1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a company that runs the comprehensive wholesale business of drugs (narcotics and psychotropic drugs), and the Defendant is a person who operates a B Hospital.

B. The defendant has been engaged in repeated drug supply transactions with multiple drug wholesale companies through C since February 2004, which opened the above hospital.

C around 204, around 2005 “H”, “I” from around 2005, “electric source medicine corporation (hereinafter “electric source medicine”)” from around 2007, or from around 2009 or around 2010, respectively, was a member of the Plaintiff Company.

(However, as of October 1, 2010, C acquired the insured status of employment insurance with the Plaintiff Company as its workplace as of October 1, 2010.

The ordinary figures of the Defendant’s drug supply transaction through C are as follows.

1) The Defendant or the staff-in-charge demands C to supply medicines by specifying the items and quantity by telephone. Accordingly, the medicine is delivered to “B hospital” by mail. This is accompanied by a written order drawn up by C. In this context, an order form drawn up by C is enclosed, and such enclosed order form (hereinafter “original order form”).

) The name, standard, and quantity of the medicine delivered are indicated in the name, size, and quantity of the medicine delivered. In the original department of “B hospital” (in charge E), “B hospital” comparisons with the original order and the drug delivered. If C visits “B hospital” after then, E will take place as a copy of the original order (hereinafter “written order”).

(ii)After comparing the original order, the rubber seal of the “B hospital” is affixed to the rubber seal of the “B hospital”. In addition, the transaction specifications brought by C by E and the confirmation of the drug transaction specifications are also made. Unlike the order sheet, the pharmaceutical transaction specifications also describe the unit price of the drug supplied. (ii) The drug transaction specifications include the names, specifications, and quantities of the drug under each copy of the order, the sum of the sales under each copy of the order, the sum of the sales under each copy of the contract, the amount repaid by the Defendant, and the cumulative balance.