logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.12.19 2013가합3083
의약품인도청구 등
Text

1. The defendant shall deliver to the plaintiff the drugs listed in the attached list.

2. The defendant shall pay to the plaintiff KRW 107,762,179.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 1 to 7, Eul evidence 2, 3, and 4 (including each number; hereinafter the same shall apply) and the whole purport of the pleadings:

The Plaintiff is a distribution and distribution company of medicines supplied by the Plaintiff, and the Defendant is a pharmacist who takes over and operates C pharmacies located in Gangnam-gu Seoul Metropolitan Government B building on October 2, 2012 (hereinafter “instant pharmacy”).

B. Before the Defendant’s operation of the instant pharmacy, E, a pharmacist who had run the said pharmacy, entered into an agreement on credit transaction with the Plaintiff on February 28, 2011, and the Plaintiff continued to supply medicine to E in accordance with the said agreement. According to the said agreement, the ownership of the drug was reserved to the Plaintiff until E fully pays the price.

C. On September 4, 2012, E drafted a notarial deed by offering F with a security for KRW 300,000,000, total debts owed to F with all of the pharmaceutical and movable property within the instant pharmacy. The pharmaceutical products that were not paid out of the pharmaceutical products subject to transfer were total KRW 27,983,756.

On the other hand, F, upon the failure of E to repay its obligation, decided to transfer to the Defendant the claims against E and the pharmaceutical products and movables provided as security on October 2, 2012, and around September 28, 2012, F, upon the transfer of the instant pharmacy from E, had the Defendant operate the said pharmacy from October 2, 2012.

E. Around November 1, 2012, the Plaintiff did not receive the drug price of KRW 233,637,347 from the instant pharmacy. However, the said amount is an amount equivalent to the drug price supplied by the Plaintiff to the instant pharmacy from August 8, 2012 to November 1, 2012.

The sum of the monthly drug amounts supplied by the Plaintiff from August 8, 2012 to August 31, 2012, 39,527,739, and the aggregate of 75,874,182, and 118,235,426, and 1113,00,000,000 from September 1, 2012 to October 31, 2012.

arrow