손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
Defendant.
1. The Plaintiff filed a lawsuit claiming for the return of unjust enrichment with respect to the Corporation's charges and patient principal's charges, which the Plaintiff paid against the Defendants, as the primary tort, and sought for the return of unjust enrichment.
The first instance court dismissed part of the plaintiff's conjunctive claim against some defendants, and dismissed all the remaining main and conjunctive claim.
Accordingly, since only the plaintiff appealed on the part of the Corporation's charges among the judgment of the first instance, the scope of the judgment of this court is limited to this part.
2. The reasons why this court should explain are the corresponding part of the reasons for the judgment of the court of first instance.
(main sentence of Article 420 of the Civil Procedure Act). 3. Claims against Defendant Republic of Korea, C, or D
A. Defendant C, a professor of F University established by the Republic of Korea, was in collusion with Defendant D, a researcher at the medical research institute of the above university, to manipulate the data on the same-sex test for the above drugs, and to prepare a false report on the results of the test on the above drugs, and thus, the Commissioner of the Korea Food and Drug Administration’s recognition of the same-sex was not recognized. The above drugs and the foregoing drugs and the instant drugs and the instant drugs and the instant drugs and the instant drugs and the instant drugs and the instant drugs and E, represented by Defendant D and B (hereinafter “the instant pharmaceutical companies”), were listed in the health care benefit list. < Amended by Presidential Decree No. 20320, Mar. 1, 2006>
As a result, the Plaintiff suffered damages from the payment of medical care benefit costs in relation to the DNA capsululules and renewed medicines (hereinafter “instant medicines”).
Therefore, Defendant C, D, and its employer, Defendant Korea, respectively, shall compensate the Plaintiff for the damages as above with respect to the instant medicine.