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1. The Defendants jointly and severally against the Plaintiff KRW 17,561,335 and Defendant B with respect thereto.
Reasons
1. Both claims;
A. The Plaintiff supplied drugs to Defendant B (hereinafter “Defendant Company”) from May 10, 2013 to June 30, 2016, and did not receive KRW 27,323,025 out of the price.
Defendant Company acquired 10,647,341 won as drug price debt for the Plaintiff of E Company (F).
Defendant C guaranteed the above debt owed to the Plaintiff of the Defendant Company.
Therefore, the defendants are jointly and severally liable to pay to the plaintiff 37,970,366 won (27,323,025 won) and damages for delay.
B. The Defendants’ amount of medicine to be paid by the Defendants to the Plaintiff due to the Plaintiff’s supply of medicine remains only KRW 6,913,994.
2. Determination
A. The evidence presented by the Plaintiff alone regarding the claim against the Defendant Company (1) that the unpaid drug price for the Plaintiff of the Defendant Company is KRW 27,323,025, is insufficient to accept such claim, and there is no other evidence to prove otherwise.
Therefore, the Defendant Company is obligated to pay KRW 6,913,94 to the Plaintiff as the person responsible for payment.
(2) Comprehensively taking account of the overall purport of the arguments in evidence Nos. 5 and 6, Defendant Company’s acquisition of KRW 10,647,341 against the Plaintiff by E company (F) on July 30, 2013. As such, Defendant Company is obligated to pay KRW 10,647,341 to the Plaintiff.
B. Comprehensively taking account of the purport of evidence No. 2 of the claim No. 2 against Defendant C, Defendant C is recognized as jointly and severally guaranteed for all of the future obligations owed by the Defendant Company against the Plaintiff on June 2, 2014. As such, Defendant C is jointly and severally borne by the Defendant Company with the Defendant Company.
have an obligation to repay the obligations under subsection (1).
C. According to the theory of lawsuit, the Defendants jointly and severally agreed to the Plaintiff 17,561,335 won (10,647,341 won) and the Defendant Company following the delivery date of a copy of the complaint.