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(영문) 서울서부지방법원 2014.01.10 2013가합32666
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff: (a) was a person who operates a pharmacy under the trade name of “D” in Daegu-gu, Daegu-gu; and (b) entered into a drug supply contract with the Defendant around September 201, and was supplied with drugs from the Defendant; (c) the method of the transaction was to pay a part of the purchase price at the end of each month following the Plaintiff’s supply of drugs on credit

B. On October 7, 201, the Plaintiff obtained a credit card in the name of the Plaintiff (hereinafter “credit card”) from the new credit card company on October 7, 201, and paid the drug price by credit card around the end of each month. The credit card price was settled from the new bank account (Account Number E) in the name of the Plaintiff opened by the Plaintiff on the 20th of the following month.

C. On November 30, 2012, the Plaintiff received notice from the Defendant to the effect that the unpaid amount of the drug is KRW 105,909,912 (as of November 22, 2012, and the amount confirmed by the Defendant to the Plaintiff), and returned the drug equivalent to KRW 105,957,055 in total to the Defendant from November 22, 2012 to January 2013, 2013 (hereinafter “unpaid notice”).

The defendant's employee in charge of the plaintiff is non-party F.

[Reasons for Recognition] Facts without dispute, Gap evidence 2 through 5, 8, 9, Eul evidence 1 through 4, and Eul evidence 7 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff asserts as follows.

(1) The Plaintiff opened a bank account in the name of the Plaintiff and made a passbook to the Defendant, and if the Plaintiff deposited money into the said account on the date of the settlement of drug price, the Defendant sought the payment of the pharmaceutical price by “a method appropriated for the pharmaceutical price by finding it.” The Plaintiff paid all the pharmaceutical price supplied by the Defendant by depositing money into the Plaintiff’s bank account upon the said request, and F, an employee of the Defendant, is the above account.

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