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(영문) 서울중앙지방법원 2015.08.21 2014가합552216
부정경쟁행위금지 등 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The party’s status 1) Plaintiff Linsium Group (hereinafter “Plaintiff Linsium Group”)

) The Plaintiff is a multi-national pharmaceutical company that studies and develops fire extinguishers and respiratory disease treatment chemicals, etc., and Plaintiff Bangladesh Co., Ltd. (hereinafter “Plaintiff Bangladesh”).

) A domestic corporation established by the Plaintiff’s Bangladesh Group on September 1986 by its investment (the first trade name is “Korea Marins Corporation”).

(2) Defendant Korea Industrial Complex Co., Ltd. (hereinafter “Defendant Korea Industrial Complex”) is a domestic corporation under the control of the Industrial Complex Group, which was registered on February 21, 2003 for the purpose of the export, import, manufacture, and marketing of medicines, and the Defendant National Drug Co., Ltd. (hereinafter “Defendant National Drug”) is a domestic corporation, the establishment of which was registered on February 12, 1959 for the purpose of the manufacture, sale, etc. of medical drugs.

B. 1) The Plaintiff’s Bangladesh from around 2000 to the Plaintiff’s Bangladesh Group (ASHMA) and chronic closed-pulmonary treatment chemicals (COD). The Plaintiff’s product’s domestic sales of the Plaintiff’s products (ASHMA) was 100/250/50 of the Styphoids and 100/250/50 of the Styphoids, and 100/250/50 of the Styphoids. In general, the Plaintiff’s products are “Styph”.

) The products have been imported and sold exclusively in the Republic of Korea, and among which the products are so imported and sold as to be contained, the products are listed as “Plaintiff products” (hereinafter “Plaintiff products”).

(2) The cumulative domestic sales of the Plaintiff’s product in the year 2014 are equal to KRW 382 billion, and the sales of KRW 35 billion in the year 2013 are recorded at the same time, and at the same time, the sales of KRW 49% out of the diversology, the divers dystypitis (ICS) and the extension of the dyspology institution (LABA) are equivalent to KRW 72% of the following.

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