logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.27 2018나69129
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. From September 30, 2014 to February 29, 2016, the Plaintiff supplied drugs, including C, to the Defendant. From September 30, 2014 to February 29, 2016, the amount of pharmaceutical products supplied by the Plaintiff is KRW 80,753,002 ( = 5,500,000 + + KRW 3,500,002 + + + KRW 15,840,000 + + KRW 825,000 + KRW 88,000).

B. The Plaintiff received 23,200,000 won among the above pharmaceutical proceeds, and received 52,987,614 won ( = 6,187,50 won + 11,00,000 won + 3,500,002 won + 14,621,534 won + 17,678,578 won).

C. The drug price that the Plaintiff did not receive from the Defendant is KRW 4,565,38 (i.e., KRW 80,753,00 in total - KRW 52,987,614 in the returned pharmaceutical product price - KRW 23,200,00 in the paid amount).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above findings of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid pharmaceutical price of KRW 4,565,388.

B. A summary of the Defendant’s argument on the assertion (1) ① The Defendant paid only the price for the drug supplied by the Plaintiff, among the drugs supplied by the Plaintiff, to the Plaintiff, and agreed to exchange or return the drug for which the expiration date or the expiration date has not been used, and paid all the price for the drug used.

② In addition, the Defendant returned 95 out of 140 delivered C 140, and the sum of the pharmaceutical products returned by the Defendant is KRW 56,052,200.

Therefore, even if there is any unpaid amount, the amount is 1,50,802 won (=80,753,002 won for the medicines supplied - KRW 56,052,200 for the medicines returned - KRW 23,200 for the payment).

(2) First, there is no evidence to prove that the Defendant agreed to pay only the price for the drug supplied to the Plaintiff, with the evidence alone, and this part of the Defendant’s assertion is without merit.

(2)

arrow