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1. Of the judgment of the court of first instance, with respect to the Plaintiff KRW 184,070,677 and its KRW 170,435,519, among the judgment of the court of first instance, the Defendant shall be the Defendant on November 13, 2012.
Reasons
1. The basic fact: (1) The Plaintiff operated a wholesale and retail business of pharmaceutical products under the name of "C," and delivered a promissory note to the pharmaceutical company for the payment and guarantee of the price of goods to the pharmaceutical company, following endorsement by the Plaintiff; and (2) the pharmaceutical company has continued transactions by presenting the payment of the promissory note to the bank and receiving the payment of the price of goods to the Plaintiff, if the amount corresponding to the promissory note is paid to the Defendant’s account among the pharmaceutical proceeds received from the pharmaceutical company to Byung and its pharmacy.
② As the Plaintiff closed its business on December 31, 201, the Plaintiff entered into an agreement on January 1, 201 with respect to a promissory note, the maturity of which comes after January 1, 2012 (hereinafter “instant agreement”). The Defendant entered into the agreement on January 5, 2012 (hereinafter “instant agreement”).
The plaintiff transfers to the defendant a drug price claim equivalent to KRW 365,97,695, and implements the notification of transfer.
The defendant shall pay the above promissory note with the money received directly from the customer in connection with the pharmaceutical price, and then settle the debt relationship with the plaintiff separately.
③ The Plaintiff fulfilled its obligations under the instant agreement, and the Defendant also received a total of KRW 224,070,677 among pharmaceutical product price claims transferred from the Plaintiff via D, E, etc. (in fact, part of the investigation results are inconsistent with the following contents, but the Defendant’s deposit into the Defendant’s bill settlement account is not properly taken, and only a promissory note worth KRW 40 million was recovered, and all remaining promissory notes were not paid, settled, or recovered.
on February 29, 2012, G Hospital 1,108,580 won A12, and 3H Hospital 3 H Hospital 22 March 22, 2012, based on which the person recovered on the date of recovery was recognized.