1. The Defendant shall pay to the Plaintiff KRW 18,249,312 and the interest rate of KRW 12% per annum from July 10, 2018 to the date of complete payment.

1. Basic facts

A. The Plaintiff is a pharmacist who operates the “D pharmacy” in Gwanak-gu in Seoul Special Metropolitan City, and the Defendant is a drug wholesaler E (hereinafter “E”).

B. From October to March 201, 201 to March 2014, the Defendant supplied the Plaintiff’s pharmacy with drug and its transaction specifications at any time, and provided a copy of the transaction ledger at the end of each month. The Plaintiff claimed the price by preparing a copy of the transaction ledger at the end of the month, and the Plaintiff paid the price to the Defendant’s personal account.

C. On May 2018, the Plaintiff confirmed that the amount paid by the Plaintiff is inconsistent with the supply amount in the tax invoice and the Defendant’s claim, and requested the Defendant to provide explanatory materials.

Around June 2018, the Defendant did not properly respond to this, the Plaintiff asserted that “Around March 2008 to December 2012, 2013, the Defendant claimed KRW 132,156,710 of the drug price, in trading with the Plaintiff, and filed a complaint against the Defendant for fraud and occupational breach of trust.”

On December 11, 2019, the Defendant was prosecuted for fraud (hereinafter “related criminal litigation”), and on December 11, 2019, the Defendant was sentenced to a suspended sentence of 2 years and 120 hours of community service from the Plaintiff (attached Form 1), as stated in the crime list, since the payment was made on November 29, 2010, the actual supply date was somewhat different from the actual supply date. From December 10 to December 10, 2012, the Defendant acquired KRW 18,249,312 over 107 times in total (hereinafter “instant crime”).

The defendant appealed and is currently pending in the appellate court.

(The District Court 2019No3720). 【Ground for Recognition: the fact that there is no dispute, Gap evidence 1, 3 through 7 (which has a serial number). The same shall apply hereinafter.

(3) Each entry in Eul's Evidence Nos. 1 to 3, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Parties’ assertion 1.