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(영문) 서울중앙지방법원 2009.10.14 2008가합84842

손해배상등

Text

1. Part of the conjunctive claim in respect of Defendant Youngjin Medicine Industry Co., Ltd. on the ground of subrogation by creditors; and

Reasons

1. Basic facts

A. On January 11, 2005, Defendant Youngjin Medicine Industry Co., Ltd. (hereinafter “Defendant Youngjin Industry Co., Ltd.”) entered into a research agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”) under which the 70mg of Madlon, which is a reproduced medicine for treatment of Madrid (hereinafter “Madlon”) requested the test of whether the Madlon’s 70m of Madlon’s (hereinafter “Maddong”) is equal to that of Maddong’s (hereinafter “the instant research service agreement”).

B. Defendant B (the representative director of Defendant A) and Defendant D (the business director of Defendant A) had worked as the director of the Korea Food and Drug Administration (hereinafter “Korea Food and Drug Administration”) receive advice from Defendant C (the technical adviser of Defendant A and the chairperson of the external review committee) to operate test data after receiving an instruction from the Korea Food and Drug Administration (hereinafter “Korea Food and Drug Administration”) to re-examine or supplement the test time and cost, and when it is impossible to obtain permission for the manufacture of medicines and publication for the recognition of the same-sex relationship with the Korea Food and Drug Administration (hereinafter “Korea Food and Drug Administration”), and when the request for the same-sex test for other reproduced drugs is suspended, if there is a problem in the remaining test data about the business management of Defendant A due to the suspension of the request for the same-sex test for the same-sex test for other reproduced drugs in the future, they decided to operate the test data after receiving advice from Defendant C (the director of the test report of Defendant A and the director of the external review committee). The Defendant E instructed the test data to prepare the test report of this case (hereinafter “the test report”).

C. The defendant Young-jin was received from the defendant A.