1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff registered its business from May 30, 1981 to May 30, 1981 with the trade name “C” and operates the wholesale business of medicine, etc.

The defendant is a pharmaceutical company that runs the business of manufacturing and selling medicines.

B. From April 200 to February 13, 2013, the Defendant supplied the Plaintiff with medicine.

[Ground of recognition] The written evidence Nos. 18 and 29, the witness D's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”)

(2) Article 23(1)4 of the Act provides that “The act of trading with the other party by unfairly taking advantage of his/her position in his/her transaction” is an unfair trade practice. Nevertheless, the Defendant, by taking advantage of his/her superior position as a supplier from January 13, 2009 to February 15, 2013, supplied the Plaintiff with the transaction code of “E Hospital (final Transaction Office)” in which it is impossible to make a transaction due to the Plaintiff’s discontinuance of drugs with no place of sale.

3) The Plaintiff had already discontinued its business, and thus, it was required to dispose of the said drug at a lower price than the price supplied by the Defendant to another wholesale company. In this process, the Plaintiff suffered damages of KRW 1,363,653,483 in the said process. Article 56(1) of the Fair Trade Act provides that “In the event that a business entity or business entity’s organization is damaged by violating the provisions of this Act, the business entity or business entity’s organization shall be liable for damages to the relevant victim.”

Therefore, the Plaintiff seek payment of KRW 1,363,653,483 and damages for delay.

B. The defendant's assertion 1 did not require the plaintiff to purchase drugs by force.

Rather, the Plaintiff purchased drugs from Defendant 4 billion won or more on credit with a bill, and sold them to another wholesale company that can make cash transactions, thereby selling approximately KRW 2.6 billion.