beta
Text
1. The Defendant: (a) KRW 2,745,346 for the Plaintiff and KRW 5% per annum from November 19, 2015 to December 23, 2016; and (b) the Plaintiff.
Reasons
1. Basic facts
A. A Co., Ltd. was a company aimed at wholesale of drugs, etc., which was decided upon commencement of rehabilitation procedures by the Daegu District Court on September 5, 2013 as 2013 Gohap35, and accordingly, B, the representative director of which was appointed as a custodian.
(hereinafter referred to as “Plaintiffs” without distinguishing the manager B of Company A and the Plaintiff Rehabilitation Company B.
The defendant runs the wholesale business of drugs in the name of "D".
[Ground of recognition] Facts without dispute, Gap's evidence, Gap's evidence, Gap's evidence, Gap's evidence 4, Gap's evidence 8-1, the purport of the whole pleadings
2. The plaintiff's assertion
A. From September 16, 2013 to March 5, 2015, the Defendant’s employees E, F, and G (hereinafter “E, etc.”) lent an amount equivalent to KRW 24,377,919 (hereinafter “instant drug”) indicated in the attached transaction ledger, which the Plaintiff kept in his/her custody, in the name of the Defendant, to the present day, and did not return it or pay the said amount. The Plaintiff purchased the instant drug amounting to KRW 1,937,630 from November 12, 2013 to June 18, 2014, and did not pay the amount of KRW 1,63,160 among them. Accordingly, the Defendant is obligated to pay the Plaintiff the amount of the pharmaceutical drug remaining after settling the Plaintiff’s payment to the Defendant from the price of the instant drug (=2,714,759 won, KRW 247,97, KRW 916, KRW 1636,066).
B. The defendant's employee E, etc. permitted the defendant to borrow the plaintiff's drug from the defendant's trade name to operate his/her business in the defendant's trade name. Thus, as provided in Article 24 of the Commercial Act, the name truster is jointly and severally liable to return the plaintiff's drug in this case that the plaintiff borrowed from the plaintiff'
C. As the Defendant’s employees E, etc., the Defendant arbitrarily shipped out drugs owned by the Plaintiff without the Plaintiff’s consent with E, etc., and sold them to the Defendant’s customer name.