Text
The plaintiffs' appeal and the plaintiff A's supplementary selective claims against the defendant C are all dismissed.
Reasons
1. The reasoning for this part of the underlying facts is as stated in paragraph 1 of the judgment of the first instance, except that the court’s reasoning for this part is that “Defendant E” in the second 14th of the judgment of the first instance as “Defendant D” and “the instant 1, 2, and 3 monetary transactions” as “the instant 1, 2, and 3 gold advance transactions” respectively are as stated in the main sentence of Article 420 of the Civil Procedure Act. Thus, this part is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to Plaintiff A’s claim against Defendant C
A. Defendant C, the cause of the claim, as a result of tort, is: (a) Defendant C, while the approval and timing of the U.S. food pharmacy (FDA; hereinafter “FDA”) from the U.S. food pharmacy (FD; hereinafter “FDA”) developed by Israel L (hereinafter “J treatment plant”); (b) around November 2017, Plaintiff A completed the FDA approval and import process for the relevant treatment plant; (c) around August 201, 2018, the production and sale of the dementia treatment plant (hereinafter “the instant dementia treatment plant”) developed by himself/herself was possible; and (d) the Defendant acquired KRW 240 million from the investment fund, thereby delaying Defendant C to pay damages to the Plaintiff.
2) According to the reasoning of the judgment) and the testimony of the witness of the first instance court Gap 2, 13-2-4, and K, the instant dementia treatment machine, which is an equivalent item, shall be produced and sold without the need to undergo a clinical trial, if the Defendant C imported the treatment device to the Plaintiff at home with the approval of the FDA on December 2017.
The facts explained by the plaintiff A, after entering into the instant contract with the defendants, have invested a total of KRW 230 million to G and the plaintiff B by remitting the total of KRW 230 million, and it is recognized that the approval of the FDA for the J treatment machine has not been granted up to now.
B) Furthermore, Defendant C may produce and sell the instant dementia treatment equipment from August 2018, when or when the FDA’s approval for the J treatment equipment was granted, and further, Defendant C may produce and sell the instant dementia treatment equipment from August 2018.
Plaintiff
We examine whether A was deceiving A.
Gap 2, 3, 4, 13-2 to 4, Eul 6, 8, and K witness of the first instance trial.