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(영문) 서울고등법원 2011.12.23 2010나64374

손해배상(기)

Text

1. Of the judgment of the court of first instance, the defendant 40 million won and its amount from November 15, 2007 to December 23, 201.

Reasons

A. Until November 14, 198, the total amount of 3,047,57 of the instant medicine was used as medical care benefits (hereinafter “the instant medical care benefit period”). Of them, 20 won was 446 won, 198 won, 448 won, remaining 3,047,339 won, and 479 won were claimed, and the sum of the pharmaceutical price was 1,459,773,005 won (=446 won x 20 x 448 won) x 198 x 3,047,339 won). Of the pharmaceutical price, 1,297,349,345 won was borne by the Plaintiff, and 162,423,60 won was borne by the patient.

(2) From the second half of 2005 to the second half of 2007, the sales volume and sales amount of 9 medicines identical to the instant medicines (as shown in Table 1) are as listed below [Attachment 2] and [Attachment 1] [Attachment 2], the same shall apply], the average sales amount per political party is 30 won (gold 4,905,169,000 ± 14,827,554 ± 14, and 14,827,54).

[도표 2] * 제품별로 상단 부분은 판매량(단위 : 정), 하단 부분은 판매금액(단위 : 천 원) 순번 2005년 하반기 2006년 상반기 2006년 하반기 2007년 상반기 2007년 하반기 합계 1 7,483 1,578 1,274 1,508 1,610 13,454 913 193 155 185 196 1,642 2 722 480 1,204 103 68 171 3 544,337 487,455 377,132 321,853 273,962 2,004,742 97,414 87,340 67,692 57,727 49,175 359,348 4 157,983 145,037 156,208 121,884 112,821 693,937 29,080 26,707 28,832 22,537 20,855 128,011 5 66,544 71,579 70,189 65,839 21,856 296,012 12,577 13,528 13,266 12,444 4,131 55,946 6 499,135 462,408 470,473 346,521 218,599 1,997,142 95,802 88,726 89,816 66,151 41,726 382,221 7 612,685 583,118 445,034 397,231 400,389 2,438,464 122,333 116,254 88,359 78,529 79,104 484,579 8 1,595,410 1,338,801 1,347,020 1,212,739 1,104,451 6,598,429 757,995 633,267 637,048 573,632 522,349 3,124,291 9 94,418 105,726 168,077 170,702 245,208 784,140 45,193 50,620 79,017 79,916 114,214 368,960 합계 판매량 14,827,554 판매금액 4,905,169 ...