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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. 1) The Plaintiffs are the subscribers of the National Health Insurance, who purchased drugs manufactured and sold by the Defendant, as seen below. 2) The Defendant is a business operator manufacturing and selling drugs, and is a business operator under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).
B. The Defendant’s act of inducing customers was the act of attracting customers under the Fair Trade Act, such as the act of providing cash and cash expenses, such as gift certificates, providing cash equivalent to KRW 86 million in order to adopt a total of 22 medicines or increase prescriptions on the Dick disease that prescribes 22 medicines, such as “gas botine”, “child bomb”, “gyrian”, etc., which is the self-production medicine, and the act of inducing customers under the Fair Trade Act, such as the act of providing cash and cash expenses, using a merchandise coupon, etc., golf-type entertainment entertainment, post-market research (Pm).
C. The Fair Trade Commission imposing penalty surcharges on the Defendant: (a) decided May 12, 2009, under Article 2009-111 of the Fair Trade Act; (b) the Defendant continuously rendered cash and cash support, support of merchandise coupons, etc.; (c) support of golf-type entertainments; (d) support through a cyber conference for a period from April 2003 to September 2006, pursuant to the sales promotion plan against medical workers, such as medical doctors, etc. for the purpose of increasing the prescription of drugs under the plan at the head office, and imposed penalty surcharges of KRW 4,638,00,000 on the Defendant.
(1) Plaintiff C purchased medicines manufactured and sold by the Defendant: (a) during the period from November 3, 2004 to July 15, 2005, the sum of KRW 83,235,00 (the sum of KRW 16,647,00,000,000 as medical care benefits; (b) during the period from January 10, 2005 to June 18, 2005, equivalent to KRW 49,410,000 as medical care benefits; and (c) during the period from January 10, 2005 to June 18, 2005.