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(영문) 서울중앙지방법원 2018.05.25 2017나34027
물품대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of manufacturing and selling medicines.

B. On March 14, 2016, the Defendant registered the business with B, and operated the scarcity and the imposed hospital with the trade name “Dsung” on the fifth floor of the Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City, the Defendant closed the above hospital and operated the Ewon’s trade name “Ewon” in the Defendant’s sole name and operated the scarcity and the imposed hospital at the same place.

C. The above B.

On March 31, 2016, the time of the change in the name of the business operator indicated in paragraph (1), the Defendant: (a) prepared and submitted to the Plaintiff a certificate of succession to the effect that “The Plaintiff succeeds to KRW 1,818,000 for the unpaid pharmaceutical products to the Plaintiff of Dsung Foreign Department (Defendant B)”; (b) the Plaintiff received the above outstanding amount of KRW 1,818,000 from the Defendant on May 31, 2016; (c) received the certificate of business registration for E; and (d) received orders from the F who was in charge of the work on the order of the goods from E, and supplied E, KRW 1,00,00 for KRW 1,818,000 for KRW 1,818,00 for KRW 30,000 for KRW 20,000 for KRW 20,000 for KRW 30,000 for KRW 20,000 for KRW 16,20080 for KRW 16.20.16.

On August 12, 2016, the Defendant reported the closure of business with respect to “E Council members”, and on the same day B registered the business with the trade name “Dsung”.

[Ground of recognition] Facts without dispute, Gap 2, 3, 5, 6, 7, 9 (including provisional numbers), Gap 2, 3, 5, 6, 7 and 9, testimony of witness G of the trial court and the purport of the whole pleadings

2. According to the above findings of the determination on the cause of the claim, the Defendant, who registered the business with the trade name “E” and operated the above hospital, barring any special circumstance, shall be the Plaintiff, and the Defendant, as sought by the Plaintiff, from August 11, 2016, the following day of the final supply date, as the Plaintiff seeks.

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