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Reasons
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(영문) 서울북부지방법원 2021.03.05 2020가단3687
의약품대금 등
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1. The defendant shall pay to the plaintiff KRW 70,000,000 as well as 12% per annum from March 26, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. From August 3, 2016 to June 23, 2018, the Defendant operated the F Hospital (hereinafter referred to as “F Hospital”) as a representative of the medical corporation E (hereinafter referred to as “E”), a director having the power of representation of the medical corporation E (hereinafter referred to as “E”), the only liquidator from June 23, 2018 to February 11, 2019.

B. G Co., Ltd. (hereinafter “G”) continued to supply medicine to E running the F Hospital from around 2016. As of July 31, 2018, G’s amount of claim for the amount of goods payment to G was KRW 71,805,430.

(c)

E passed a resolution to dissolve at the board of directors on June 23, 2018, and thereafter entered the F Hospital with the Defendant as the sole liquidator from that time, and the Defendant prepared the opening of the hospital in the same specialized department as the existing F Hospital (hereinafter referred to as “H hospital”) under the name of “H hospital” in Guro-gu Seoul where F Hospital was located.

(d)

Around July 2018, I Co., Ltd. I (hereinafter “I”) drafted a trade agreement, drug supply agreement, and drug supply agreement between the Defendant and the buyer, stating the buyer as “F hospital (new H hospital)” in order to continuously supply medicine, etc. to the F hospital or H hospital.

E. On the other hand, G and E jointly signed on July 31, 2018, and signed a certificate of transfer of claim (hereinafter “the instant certificate”) and transferred G’s claim KRW 70,000,000 to I. On the same day, G paid KRW 60,000,000 to G by means of account transfer.

F. From August 2018, I continued to supply the medicine to the Defendant. As of January 2, 2019, I’s claim amount against the Defendant was KRW 11,897,223.

G. Around January 2019, the Plaintiff entered into an agreement with the Defendant for trading drugs, etc. in order to continuously supply medicine, etc. to the Defendant.

H. Meanwhile, on January 2, 2019, I entered into a contract for the transfer of claims against the Plaintiff and the Defendant of KRW 70,000,00 and KRW 11,897,223.

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