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(영문) 광주지방법원 2018.01.12 2017가합56808
물품대금
Text

1. The Defendant shall jointly and severally pay to the Plaintiff KRW 818,288,909 as well as the full payment from June 30, 2017.

Reasons

1. Facts of recognition;

A. From November 201, the Defendant participated in the operation of the instant hospital from November 201 to January 2015.

In addition, the F Hospital in Gwangju Dong-gu E (hereinafter referred to as the “instant hospital”) was jointly operated.

B. The Plaintiff supplied drugs equivalent to KRW 2,482.349.400 to the pertinent hospital from April 2015 to May 2017, 2017, but did not receive KRW 818,288,909 out of the price so far.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 8 and Eul 1, and purport of the whole pleadings

2. Determination

(a) Determination of the cause of the claim is the partnership's obligation, and if it has been borne by the act that has been engaged in a commercial activity for all, it is reasonable to jointly and severally liable pursuant to Article 57 (1) of the Commercial Act.

(See Supreme Court Decision 97Da6919 delivered on March 13, 1998, etc.). According to the above facts, the relationship between the defendant and other partners, such as B, constitutes an association, and the obligation to purchase drugs from the plaintiff company for the operation of the hospital of this case and pay the price owed by them upon the purchase of drugs from the plaintiff company for the operation of the hospital of this case

However, since the above debt is borne by both the defendant, B, C, and D due to the act of commercial activity, the defendant, B, C, and D are jointly and severally liable to pay the whole amount of the drug price that is not paid to the plaintiff pursuant to Article 57 (1) of the Commercial Act.

Therefore, the Defendant is jointly and severally liable with B, C, and D to pay the Plaintiff the accrued pharmaceutical price of KRW 818,288,909 and the damages for delay calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 30, 2017 to the date of full payment after the original copy of the instant payment order is served.

B. The defendant's assertion of mutual aid is asserted that since most of the drugs supplied by the plaintiff were returned, the amount of the returned medical supplies should be deducted from the plaintiff's claim amount.

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