1. The Defendant (Counterclaim Plaintiff) paid KRW 660,255,510 to the Plaintiff (Counterclaim Defendant) and its amount from October 27, 2015 to September 29, 2016.

Basic Facts

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

The defendant as the parties is a pharmaceutical company established for the purpose of manufacturing and selling pharmaceutical products and non-pharmaceutical products in 1983. The plaintiff was established for the purpose of marketing agency business for pharmaceutical products in 2013. The representative director and employees of the plaintiff were working in the defendant's urology and business team (C) in the defendant's Seoul Gyeonggi-do area from October 2008 to the beginning of 2013, and established the plaintiff and entered into an agency contract for marketing with the defendant as shown below.

On April 1, 2013, the Plaintiff entered into a sales agency contract with the Defendant, and the Defendant’s pharmaceutical products, etc., with the content that the Plaintiff received sales agency fees (rate 42%, 34%, 27%, 25%, and 15%) from the Plaintiff and the Plaintiff independently engage in marketing agency business with the customer, such as medical personnel in the Seoul Gyeonggi-do District, but the Plaintiff cannot participate in sales promotion or sales activities with the Defendant’s pharmaceutical products without the Defendant’s prior consent (Evidence 2; hereinafter “instant cooperative contract”).

Article 2 Definitions of the terms

B. Customer refers to the Plaintiff’s hospital (including a general hospital and a quasi-general hospital), clinic, pharmacy, etc.

C. Sales agency refers to all marketing activities, such as expertise, know-how, public relations, and test of drugs held by the Plaintiff in order to prescribe and sell a hospital, clinic, or pharmacy where the Defendant’s specific products are not traded or do not have marketing.

Article III Marketing Agency Areas, Health Care Institutions, Drugs, etc.

A. The plaintiff and the defendant shall give priority to the defendant in the case of overlapping marketing agency areas and specific medical care institutions (a hospital, clinic, pharmacy, etc.) by prior agreement.

In particular, marketing-related medical care institutions, which are mainly charged by the defendant, are excluded from marketing-related medical care institutions.

However, the defendant's approval.