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1. The defendant shall pay 84 million won to the plaintiff and 20% per annum from May 1, 2013 to the day of complete payment.
Reasons
1. It is recognized that there is no dispute between the parties to the judgment as to the claim, or that the following facts are acknowledged according to Gap evidence Nos. 1, 2, 3, 11, and 12. In full view of the following facts, the defendant is liable to pay 84 million won to the plaintiff and damages for delay.
The Plaintiff operated a wholesale and retail business of pharmaceutical products with the trade name of "C" and delivered a promissory note to the pharmaceutical company after undergoing its endorsement for the payment of goods and securing of collateral for the pharmaceutical company. If the Plaintiff supplied various drugs delivered by the pharmaceutical company to medical staff, pharmacies, etc., and deposited the amount corresponding to the promissory note out of the pharmaceutical proceeds received by the pharmaceutical company into D’s account for settlement of accounts, the pharmaceutical company continued transactions by presenting the promissory note issued by D to the bank for payment of goods to the Plaintiff.
- The Plaintiff transfers to D a drug price claim equivalent to KRW 365,97,695, and implements the notification of the transfer.
- D shall first settle the above Promissory Notes with the money received directly from the Customer in connection with the pharmaceutical proceeds, and later settle the debt relationship with the Plaintiff separately.
As the Plaintiff closed its business on December 31, 201, the Plaintiff and D entered into an agreement with respect to promissory notes, the maturity of which comes after January 1, 2012, as follows, on January 5, 2012:
B. D, through the Defendant, etc., received the drug price transferred by the Plaintiff in relation to the above agreement, and the Defendant is a person who keeps the drug price of KRW 84 million, which is equivalent to his/her own deposit, for D.
(hereinafter “instant money custody”). C.
In accordance with the above agreement, the Plaintiff filed a lawsuit against D in accordance with the Busan District Court 2012Gahap18529, and rendered a favorable judgment on January 16, 2013 with the purport that “D shall pay to the Plaintiff KRW 315,538,642 and delay damages.”