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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On August 2012, from around December 2012 to December 2012, the Plaintiff, a company engaged in wholesale and retail business of drugs, medical containers, etc., issued electronic tax invoices with D/D (Seoul Seodaemun-gu K (1st floor), E/L [1st, representative F], E/L (106, representative F], and C/C’s representative (the Defendant’s representative) to a person who is supplied with drugs, such as reading c/C as listed below:
(1) On October 31, 2012, the Plaintiff issued a tax invoice for the instant month’s supply of drugs at the end of each month; (2) On August 31, 2012, the number electronic tax invoice issued (including the value added tax) No. 8,719,702 won and D (representativeF) other than the 19,408,275 won and the E- pharmacy (representativeF) No. 19,408,275 won and October 31, 2012; and (3) on October 31, 2012, the Plaintiff issued a tax invoice for the instant month’s supply of drugs; and (3) on November 31, 2012 -252,924 E- pharmacy (representative F) - the total of the 22,822,052 won and the representative of the E- pharmacy No. 52137,58,278,2700 and Defendant No. 37857)
B. On September 19, 2012, the Defendant registered the business under his/her name with respect to the C Pharmacy (Seoul Seocho-gu first floor, hereinafter “instant pharmacy”).
【Reasons for Recognition】 Evidence Nos. 1 and 2, Evidence No. 3-1 through 5, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion (1) received a request from the Defendant who established and operated the instant pharmacy from the Defendant to December 2, 2012 for the supply of drugs, and supplied the medicine amounting to KRW 78,708,506 in total from August 2012 to December 2012. However, as the tax invoice was issued by dividing it into D/L (representative F), E/L (representative F), and C/L at the Defendant’s request, the parties to the instant drug transaction are not F but the Defendant.
Therefore, the defendant is obligated to pay to the plaintiff KRW 78,708,506 for the price of goods and damages for delay.
(2) If the Defendant acquired the instant pharmacy business from F, the Defendant retains its trade name.