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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant C (hereinafter “Defendant Company”) which is a corporation of the Republic of C C is the manufacture of a medical penus for “D” (hereinafter “D”).
The Plaintiff has imported and sold “D” as a company that engages in the import business of medical appliances.
Defendant B, who is a sexually out-of-the-counter medical doctor, obtained the certification of the above product as a key pipe from the manufacture of the product through the Plaintiff and conducted research such as public relations and clinical experiments.
B. On December 27, 2013, the Plaintiff obtained permission to import “D” products from the Ministry of Food and Drug Safety, and sold “D” products to the Republic of Korea after the GMP (Evaluation of Conformity with Medical Device Quality Control Standards) review. In order to obtain the above import permission, the Plaintiff prepared and submitted “technical documents” to the Ministry of Food and Drug Safety.
C. Defendant B (hereinafter “Nonindicted Company”) submitted technical documents to the Ministry of Food and Drug Safety around April 6, 2017, and applied for permission to import medical appliances for “D” products, and obtained permission to import on August 4, 2017.
However, technical documents submitted by the non-party company were the same contents as technical documents submitted by the plaintiff to the Ministry of Food and Drug Safety.
[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 11, Eul evidence 1, Eul evidence 2, and the purport of whole pleadings
2. Claim against the defendant B
A. The Plaintiff asserted that Defendant B committed a tort under civil law as follows, and sought damages, such as expenses for permission for import, GMP screening, and operating income reduction.
(1) Defendant B is the key of “D” product, and is in charge of the promotion and research of the pertinent product based on a fiduciary relationship with the Plaintiff. Even if the Plaintiff acquired or learned technical documents in the course of public relations and research, it shall not be taken out or used without permission.