1. The Defendant’s KRW 248,342,04, and the Plaintiff’s annual rate of KRW 5% from April 12, 2018 to July 5, 2019.

1. Facts of recognition;

A. The Plaintiff is a pharmacist who operates a pharmacy with the trade name “D” (hereinafter “Plaintiff’s pharmacy”), and the Defendant is a company running a drug wholesale business.

B. The Plaintiff ordered the Defendant via E, who was a business employee of the Defendant, and notified E of his card numbers, validity period, etc. of his card, G card, and H card (hereinafter “each of the instant credit cards”) to pay the pharmaceutical price using each of the instant credit cards information instead of the Plaintiff.

C. However, in the process of paying the pharmaceutical price from the pharmacists of other pharmacies than the Plaintiff’s pharmacy (hereinafter “other pharmacists”), E made payment using each of the credit card information of this case known as above, or made payment using each of the credit card information of this case after arbitrarily ordering drugs not ordered by the Plaintiff or other pharmacists.

The Defendant, without knowledge of such circumstances, supplied medicines according to its order. D.

As such, the medicine price that E paid by using each credit card information of this case without permission is KRW 413,903,407 from April 2015 to December 2017.

[Ground of recognition] In the absence of dispute, Gap evidence 1, Gap evidence 3, Gap evidence 4, Gap evidence 6, Gap evidence 11 through 17, Gap evidence 19 through 22, Eul evidence 1, Eul evidence 1 (including each number number), witness E's testimony, this court's H card, G card, and F card's response to each order of financial transaction information submission, the purport of the whole pleadings as a result of the whole pleadings.

2. The plaintiff's assertion

A. Since the Defendant received 413,903,407 won of the pharmaceutical product ordered by other pharmacists from the Plaintiff, not the pharmacist, and unjust enrichment, the Defendant shall make the Plaintiff’s unjust enrichment in accordance with Article 741 or 745 of the Civil Act.