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(영문) 서울중앙지방법원 2018.11.28 2018나5057
물품대금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. (1) From April 201 to May 2016, Co., Ltd. (hereinafter “C”) supplied medicines, etc. to E pharmacy operated by the Defendant on the first floor of Jongno-gu Seoul Jongno-gu Seoul Jongno Building. The “detailed statement of transaction ledger” (Evidence A No. 4) prepared by C representative director D as of June 30, 2016 by the Defendant is indicated as KRW 81,280,933.

(The statement of the above trading ledger is written separately for KRW 19,964,00 for the F Pharmacy operated by L in the same building. The sales ledger (Evidence A 5) prepared by Doshe C is written for KRW 81,280,93 for the balance of the sales of the E pharmacy around May 2016.

B. A total of KRW 104,244,933 (= KRW 81,280,933 + KRW 19,964,00) against the Defendant and L was transferred in sequence from C to G, H, and the Plaintiff around June 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1 to 16, Gap evidence 4-6, Eul's testimony and the purport of whole pleadings

2. Determination:

A. According to the facts found in the above facts as to (i) claim for the payment of goods to E pharmacy, the Defendant is obligated to pay the Plaintiff, the final transferee of the claim for the payment of goods to E pharmacy, with 81,280,933 won and damages for delay at each rate of 15% per annum as stipulated in the Civil Act, from September 29, 2016 to December 21, 2017, where it is deemed reasonable for the Defendant to dispute as to the existence or scope of the obligation to perform the instant case, as the Plaintiff seeks from September 29, 2016, as the date of delivery of the copy of the complaint, as claimed by the Plaintiff, as the result of the payment of the price for the goods.

With respect to the claim for the purchase of goods against the F Pharmacy, the Plaintiff shall pay for the goods to the F Pharmacy operated by L against the Defendant.

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