1. The Defendant’s six months prior to November 26, 2013 (from December 9, 2013 to June 8, 2014) against the Plaintiff.

Details of the disposition

On June 8, 2006, the Plaintiff was established for the purpose of manufacturing and selling non-pharmaceutical drugs, and was manufacturing and selling the non-pharmaceutical drugs under the name of "Tex Techping" (the name at the time of the first marketing approval was "Tex Techping" but the name at the time of the first marketing approval was changed to "Tex Techping" on September 3, 2013) and the name of "sportsex".

On May 25, 2012, the Plaintiff entered into a contract for the supply of goods with the non-party company (hereinafter “the instant product”) with the content of manufacturing and supplying the “Ding 3 kinds (mix, large, and special)” and the “Accusa Bad three kinds (mix, small, and special)” according to the Plaintiff’s order (hereinafter “instant contract for the supply of goods”), and the goods which were the subject of the said contract for the supply of goods.

On November 26, 2013, the Defendant issued a disposition of suspension of the previous manufacture (hereinafter “instant disposition”) between the Plaintiff and the Plaintiff in violation of Article 31(4) of the Pharmaceutical Affairs Act (Amended by Act No. 11251, Feb. 1, 2012; hereinafter the same) and Article 76(1)3 and (3) of the Pharmaceutical Affairs Act; Article 96 [Attachment 8] of the Enforcement Rule of the Pharmaceutical Affairs Act (Amended by Ordinance of the Ministry of Health and Welfare No. 188, Mar. 23, 2013; hereinafter the same shall apply) based on Article 14 of the Enforcement Rule of the Pharmaceutical Affairs Act (amended by Ordinance of the Ministry of Health and Welfare, No. 14, Dec. 9, 2013; hereinafter the same shall apply) pursuant to Article 31(4) of the same Act.

[Based on recognition, Gap evidence Nos. 1-1, 2, Gap evidence Nos. 4, and 8, and the purport of the whole pleadings as to whether the disposition of this case is legitimate, the non-existence of the grounds for disposition by the plaintiff is permitted for manufacture and sale of drugs directly manufactured under Article 31(2) of the Pharmaceutical Affairs Act, as well as sales of drugs entrusted to other manufacturers.