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(영문) 창원지방법원 2014.12.04 2013가합32826
매매대금
Text

1. Defendant B’s KRW 1,751,960,480 for the Plaintiff and 6% per annum from June 10, 2014 to December 4, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a company running the wholesale business of medicines, etc., and Defendant B is a pharmacist supplied with medicines from the Plaintiff while operating the pharmacy with the name of “E pharmacy” in the first floor and underground floor (hereinafter “instant store”) of the building D located in Jinju-si, and Defendant A is a pharmacist who operated the pharmacy with the trade name of “E pharmacy”, “F pharmacy”, “G pharmacy”, and “E pharmacy” in order from Defendant B after acquiring the right of lease, etc. on the instant store from Defendant B, and transferred it again to Defendant C. Defendant C is a pharmacist who took over the right of lease, etc. on the instant store from Defendant A and operates the pharmacy with the trade name of “E pharmacy.”

B. Around the end of 2004, the Plaintiff entered into an agreement on the supply of drugs between the Plaintiff and the Defendant B, and the Plaintiff supplied the drugs to Defendant B by April 29, 2013, where Defendant B transferred the said pharmacy to Defendant A. (2) around March 2012, the Plaintiff entered into an agreement on the issuance of an alliance card between the Industrial Bank of Korea and the Plaintiff, stating that “The Bank issues an affiliate card to the Plaintiff’s customer, and that it would make payments by using the card.” At the time, the Plaintiff was jointly and severally guaranteed against the Bank’s credit card payment obligations against the Plaintiff’s customer.

3. As of May 13, 2013, the Plaintiff held the outstanding claim amounting to KRW 931,431,759 against Defendant B, and settled the accounts for the drugs that Defendant B issued by the Industrial Bank of Korea with the IBK X-Pamp card, and then paid to the Industrial Bank of Korea on May 23, 2013, and the same year.

6. 349,506,484 won, 256,66,664 won, and the same year;

8.7.167,926,939 Won in total,976,902,759 won in subrogation.

C. On March 25, 2013, Defendant B and C also take over a pharmacy between Defendant B and A, and all of them have a right to lease on a deposit basis with Defendant A as to the instant store.

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