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(영문) 의정부지방법원고양지원 2013.12.19 2012가단10143
물품대금
Text

1. The Defendant’s KRW 90,360,854 and the Plaintiff’s 6% per annum from December 23, 2011 to March 29, 2012.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff supplied drugs to the Defendant who operates the hospital B from July 2010 to November 17, 201. As of December 22, 2011, the Plaintiff still remains a claim for the price of KRW 90,360,854 as of December 22, 201, and the Defendant also recognized such a claim for the price of goods. As such, the Defendant is liable to pay the price of goods to the Plaintiff.

B. The defendant asserted that he was supplied with drugs through C, which is an employee of the plaintiff's business, and paid the price for the signature in the transaction book required by C without any doubt. Since C has confirmed that it had obtained the price for the goods by means of fraud by preparing a false transaction statement different from the transaction statement and the tax invoice, the claim for the price for the goods claimed by the plaintiff is a false bond in which the medicine is not actually supplied.

2. If the purport of the entire argument is added to the evidence Nos. 1, 2, and 3 (including paper numbers) and evidence Nos. 9-2, 5, and 7, the Plaintiff supplied drugs to the Defendant through a business employee C by November 17, 201, and C supplied the drugs to the Defendant by November 17, 201 upon receipt of an order issued by a nurse of B Hospital, and confirmed the items and quantity of the drugs at B Hospital entertainment department, and received the hospital’s official seal in the order form. C received the Defendant’s signature from June 15, 201, at the newly prepared trading book from around December 12, 201, and around December 22, 2011, it can be recognized that the balance of the price claim up to that time is 90,360,854 won, and the transaction form and signature coincide with the Defendant. Thus, the Plaintiff has supplied drugs to the Defendant as stated in the trading slip.

On the other hand, each statement of Eul 1 to 9 (including the number of branch numbers) and witness D's testimony are recognized by adding these evidence and each statement of Gap 1 to 10 (including the number of branch numbers) to the whole purport of the pleading.

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