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(영문) 대전지방법원 2018.12.18 2017나111572
물품대금 등 청구의 소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

Facts of recognition

The parties’ relevant Defendant B Association (hereinafter “Defendant Association”) was established on May 23, 2013, and Defendant D is the president of the Defendant Association, and Defendant C is the director of the Defendant Association.

On August 1, 2013, the Defendant Union accepted the R Council members located in Seo-gu Daejeon, Seo-gu, Daejeon, and reported the establishment of the medical institution on August 1, 2013, and started the operation of the E Council members.

From June 2, 2014 to March 31, 2016, the Plaintiff’s claim for indemnity against M Council members, as an employee at K of the drug wholesaler located in Daejeon J, and was in charge of supplying medicines to M Council members for non- full-time control from August 2, 2014 to April 2016.

The I retired from K on March 31, 2016 and repaid the outstanding amount of KRW 80,784,007 on behalf of K, among medicines supplied to his Council members.

I established the Plaintiff on March 29, 2016 and appointed the Plaintiff as the representative director, and around that time, he paid the outstanding amount to K and transferred the claim for reimbursement of KRW 80,784,007 to the Plaintiff.

On April 23, 2016, the Defendant Union decided to take over the M Council members, and accordingly, on May 10, 2016, the Defendant Union prepared a written confirmation of the assumption of obligation (Evidence A 3; hereinafter “instant written confirmation of the assumption of obligation”) to the effect that the Defendant Union will take over the obligation of indemnity amounting to the Plaintiff of M Council members by the Defendant Union’s 80,784,007.

The above letter of assumption of obligation states the proviso that “the above acceptance shall take effect from the time when the legal contract takes effect”.

On May 14, 2016, the Defendant Union entered into a contract under which M Council members will comprehensively transfer from the president L (hereinafter “instant comprehensive transfer and takeover contract”), and the instant certificate of debt acquisition was included as one of the attached documents.

The outstanding amount of the pharmaceutical price is accumulated, and the defendant.

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