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(영문) 서울북부지방법원 2016.10.27 2015가합1004

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that is engaged in the manufacturing business of medical devices, etc., Defendant B is the representative of the J “J” in Sinti City I, and Defendant A is the actual operator of the said J “J”.

In the Gangseo-gu Seoul Metropolitan Government Kdong, Defendant C is a person who operates “L”, Defendant D is “M”, Defendant E is “N”, Defendant F is “O”, Defendant G is “P”, and Defendant H is a person who operates “ Q”.

B. The Plaintiff and J were the companies that supplied various health care appliances to the non-party sexual health care company (hereinafter “sexual health care company”). As the sexual health care company was processed in default on or around January 2007, Defendant B and A decided to sell products using the sexual health care market approval map.

The Defendants purchased “S”, which is a medical device manufactured in Nonparty R, and “T”, which is a medical device imported in China (hereinafter “instant product”), and began to pack and sell the two or more different types of equipment used in the previous packing of the product through a printing office.

C. Defendant B and A included the Plaintiff’s “manufacturing Business License No. 562” and “S-103” in the packaging containing the Plaintiff’s “S-103”, and sold a total of KRW 5,761, and KRW 4,036 to 46 sales stores from January 22, 2009 to July 13, 2012.

The remaining Defendants supplied the instant products 1 and 2 by Defendant B and A sold the products as follows:

The sales volume of the instant 1 product at the time of seller (open) is as follows: Defendant C, around March 12, 2012, around 60, April 14, 2012, and June 27, 2012, around 1912, around June 27, 2012, Defendant E, around 169 123, April 27, 2012, Defendant C, around 23412, April 16, 2012.

E. On October 8, 2012, the Defendants received each summary order under the Seoul Northern District Court Decision 2012 High Court Decision 201Da13568, respectively, as follows.

In collusion with Defendant B, a fine for criminal facts of the parties.