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(영문) 대법원 2014.09.04 2011다49356

손해배상등

Text

The judgment below

Among the defendant corporation A, B, C, D, E, and F, this part of the case is reversed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Regarding ground of appeal No. 1

(a) Property damage caused by a tort refers to the difference between the economic disadvantage caused by an illegal harmful act, i.e., the economic disadvantage that would have existed if the illegal act had not been committed and the current financial condition that caused the illegal act.

Circumstances to be considered when submitting the asset status that would have existed without the commission of an illegal act should be recognized by a reasonable reasoning, comprehensively taking into account the various circumstances before and after the commission of the illegal act. If the circumstances alleged by the parties are not recognized by such a trend, such circumstances cannot be considered to consider the presentation of the asset status in the event of the absence of the illegal act.

(See Supreme Court Decision 2010Da21276 Decided July 8, 2010, etc.). B.

The judgment below

According to the reasoning, on September 6, 2004, the defendant Jinjin Industrial Co., Ltd. (hereinafter "the defendant Youngjin Industrial Co., Ltd.") obtained permission for biological equivalence test medicines from the Commissioner of the Korea Food and Drug Administration (hereinafter "the Administrator of the Korea Food and Drug Administration") for the purpose of treating Maduri 70m (hereinafter "Maduri") and requested on January 11, 2005, the defendant A to test whether Madlon's Madlon's Madlon's Madlon's Madlon's Madlon's Madem's Madem's Madem's Madem's Madem's Madem's Madem's Madem's Madem's Madem's Madem's Madem's Mad's Madem's Mad's Mad' Mad' Mad's Mad').