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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
The Plaintiff asserts to the effect that the Defendant is obliged to pay the Plaintiff the price of the above medicine 38,451,873 won and damages for delay, as the Plaintiff supplied the Defendant, who is a pharmacist operating the F Pharmacy in Suwon-gu, Suwon-si, Suwon-si, with a total of 38,451,873 won in the process of closing the “D pharmacy” operated in Sung-gu, Sungnam-si.
In light of the following circumstances, Gap evidence Nos. 1 through 3 and Eul evidence Nos. 1 through 5 (including numbers; hereinafter the same shall apply) and the witness G testimony, which can be acknowledged by comprehensively considering the overall purport of the pleadings, i.e., (i) even if considering the unique characteristics of the closed process, direct drug transactions among pharmacists appears to be very unusual; (ii) the transfer/acquisition status (Evidence No. 1) alleged to be the content of the medicine supplied by the plaintiff to the defendant is the list in which the name, resident registration number, and business registration number of the plaintiff were entered in the document list, but it is not possible to verify the defendant's involvement such as the plaintiff's name, resident registration number, and business registration number, but the defendant's confirmation statement that the medicine was supplied. (iii) On the other hand, witness G testified testified testified to the effect that the plaintiff offered it to the defendant with the document upper part after being transferred or taken over, and there is a lack of evidence to acknowledge that the plaintiff offered it to the defendant with Gap evidence Nos. 1 to the plaintiff No. 565781 through 388.