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Reasons
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(영문) 서울고등법원 2016.01.15 2014나21207
물품대금 등
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1. All appeals filed by Defendant A and D are dismissed.

2. Of the judgment of the court of first instance, the part against Defendant C in the trial is expanded and expanded.

Reasons

1. Basic facts

A. Plaintiff 1, who manufactures pharmaceutical products, etc. between Plaintiff 1 and Defendant A, etc. (hereinafter “Plaintiff 200 U.S.”) and Defendant 200 U.S. Pharmaceutical Products Co., Ltd. (hereinafter “Plaintiff 1”)

A) Around January 2009, Defendant A, who operates a drug wholesaler with the trade name of “E,” entered into a continuous transaction agreement with “the supply of drugs, etc. on credit.” 2) Defendant A’s wife, Co-Defendant B (hereinafter “B”) jointly and severally guaranteed the Defendant A’s obligation to pay for the goods within the limit of KRW 30 million.

3) Around the end of December, 2011, the amount of the remainder of the product price for Defendant A of the Plaintiff’s mid-of-the-counter medication was KRW 148,986,908. However, around June 18, 2012, the Plaintiff’s mid-of-the-counter medication recovered drug amounting to KRW 5,621,964 from Defendant A. B. The Plaintiff-of-the-counter medication Co., Ltd. (hereinafter “Plaintiff-the-counter medication”) with the main content of the transaction agreement with Defendant A on September 21, 2009, on the following grounds:

2) A jointly and severally guaranteed Defendant A’s obligation to pay for the above goods within the limit of KRW 10 million.3) On December 201, 2011, the amount of the remainder of the purchase price for the goods to Defendant A of the Plaintiff’s name-related drug was KRW 110,770,236, but the Plaintiff’s name-related drug was recovered from Defendant A around June 25, 2012.

C. Defendant A discontinued the said drug wholesaler around December 31, 201.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 3, 8, 14 through 17, Eul's evidence 4 (including branch numbers, if any; hereinafter the same shall apply), Eul's testimony as witness of the first instance court, and the purport of whole pleadings

2. Determination as to the claim against Defendant A

A. According to the above facts of determination as to the cause of the claim, Defendant A’s debts of KRW 143,364,94 for the remainder of the product price to the Plaintiff’s intermediate medicine =

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