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(영문) 서울중앙지방법원 2017.05.26 2016가합513376
물품대금
Text

1. The business transfer agreement concluded on December 31, 201 between the Defendants and C concerning the business of a pharmacy listed in the separate sheet between the Defendants and C is 101.

Reasons

1. Basic facts

A. The status of the parties is a company that aims at the wholesale business of drugs, and C is a person who has operated a pharmacy listed in the separate sheet (hereinafter “instant pharmacy”) under the trade name of the “D pharmacy,” and Defendant B is a trade name of the E pharmacy, and Defendant A is a person who has operated each pharmacy under the trade name of the F pharmacy.

B. 1) The Plaintiff entered into a contract for the supply of goods between the Plaintiff and C (hereinafter “instant supply contract”) under which the Plaintiff supplied C with drugs on August 2014 and received the price within a given period of time (hereinafter “instant supply contract”).

A) The Plaintiff’s goods owned by C are transferred only when the purchase price of the goods is fully paid. (2) The Plaintiff supplied drugs to C pursuant to the instant supply contract from around that time to December 17, 2015, and the price for drugs that C did not pay to the Plaintiff is KRW 101,365,929.

C. C’s transfer of business regarding the instant pharmacy 1) On December 31, 2015, C transferred to the Defendants the instant pharmacy in KRW 1,300,000,000 (hereinafter “instant transfer of business”).

(1) The Defendants paid KRW 1,300,000,000 by discharging or accepting C’s obligations as follows. ① On December 31, 2015, the Defendants paid the down payment of KRW 500,000,000 to C (hereinafter “G”) ② January 7, 2016.

)에 대한 채무 중 100,000,000원 변제 ③ 2016. 1. 8. C의 주식회사 지오영네트웍스(이하 ‘지오영네트웍스’라 한다

(4) The repayment of KRW 80,000,000 to C’s obligations to G on January 11, 2016 (a reimbursement of KRW 80,00,000 among the obligations to C’s obligations to G (a reimbursement of pharmaceutical products) ⑤ The repayment of KRW 116,468,241 to C’s obligations to G on January 11, 2016 (b) The repayment of KRW 116,468,241 (a repayment of pharmaceutical products) is made on January 11, 2016.

7) The Seoul where the instant pharmacy is located. (7) The instant pharmacy’s acquisition of debt 459,021,830 won with respect to the sales of over-the-counter drugs C.

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