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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion and judgment on the plaintiff's assertion
A. The Plaintiff, on April 23, 2012, transferred all the authority of D’s import and sale from the Defendant, a business operator of C, to the effect that D’s import and sale was not carried out due to the Defendant’s failure to obtain a permit on the attached list. As such, the Defendant asserts to the effect that the Plaintiff is obligated to implement the procedure for change of name on the grounds of a business transfer agreement on April 23, 2012.
B. Therefore, according to the health account statement and evidence No. 2, it can be acknowledged that the Plaintiff entered into a transfer contract with the Defendant, who operates C on April 23, 2012, to acquire all the rights of import and sales of D from the Defendant.
However, Article 42 (1) of the Pharmaceutical Affairs Act provides that a person who intends to import drugs, etc. as a business shall report to the Minister of Food and Drug Safety the importation business, and shall obtain permission or report to the Minister of Food and Drug Safety for each item, as prescribed by Ordinance of the Prime Minister, and shall also amend permitted or reported matters.
Meanwhile, Article 89(1) of the Pharmaceutical Affairs Act provides that where a manufacturer of drugs, etc., a person who has obtained permission for items, a person who has filed a report by entrustment and sale business, a drug dealer, an inspection agency, etc. (hereinafter “manufacturer, etc.”) dies or transfers his/her business, or a corporate manufacturer, etc. is merged with another manufacturer, etc., the successor, the transferee, the corporation surviving the merger, or the corporation incorporated by the merger shall succeed to the status of the manufacturer, etc., and Article 89(2) of the same Act provides that the manufacturer, the person who has obtained permission for items, the person who has filed a report by entrustment and sale business, or the importer shall, pursuant to Article 3