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(영문) 서울중앙지방법원 2015.07.10 2014가합520424
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are pharmaceutical companies that sell and manufacture drugs. Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company that operates a cyber mall as an electronic commerce-related company and arranges the manufacture of drugs or transactions between pharmaceutical wholesalers and pharmacies. Defendant B is the representative director of the Defendant Company, and Defendant C is the managing director of the Defendant Company.

B. In relation to the transaction between the Plaintiff and the Plaintiff and the sexually transmitted medicine, Plaintiff East International medicine, New medicine, Japanese medicine, and Gyeongnam Medicine Co., Ltd. (hereinafter “Mail medicine”), a drug wholesaler, is deemed to be the Plaintiff’s sexually transmitted medicine (hereinafter “Mail medicine”).

(3) The Plaintiff’s ownership of the Plaintiffs’ products and other products is reserved against the Plaintiffs, in the form of each transaction agreement made between the Plaintiffs and the sexual medicine (hereinafter “instant ownership reservation clause”) to the effect that “The ownership of the Plaintiffs’ products and other products is reserved until the sexual medicine is paid in full” (hereinafter “instant ownership reservation clause”).

(2) The Plaintiffs included the ownership reservation clause to the effect that “The ownership of the Plaintiffs’ products and other products is reserved against the Plaintiffs until they pay the price in full” (hereinafter also referred to as “instant ownership reservation clause”) is included in the trade agreement made between the Plaintiffs and the ero-drugs, Inc., a drug wholesaler (hereinafter referred to as “ero-drugs”).

3. From November 2008, 2008, from around April 1, 201, e-commerces entered into a business partnership agreement with each Defendant company and conducted electronic commerce through the Defendant company. From February 2013, 201, e-mails and e-mails are the Defendant company located in D and 2 parcels from Gwangju City.

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