This Court rejects the instant lawsuit that has been changed interchangeally in this Court.

All costs of the lawsuit shall be borne by the plaintiff.

1. Facts / [Evidence] Gap evidence No. 2, the purport of the whole pleadings

A. On November 4, 2004, the Defendant received permission from the Korea Food and Drug Administration for import of D products, as an importer, while wholesale, trade, etc. under the trade name of C.

B. On April 23, 2012, the Plaintiff entered into a transfer agreement with the Defendant with the content that the Defendant acquires all the rights to import and sell D’s imported products that the Defendant obtained from the Defendant.

2. On April 23, 2012, the Plaintiff asserts that the Defendant, as an importer, took over all the authority concerning the import and sale of D imported goods from the Korea Food and Drug Administration, to request the Defendant to implement the procedure of change of name based on the transfer agreement on April 23, 2012, for filing an application for permission of change pursuant to Article 8(1) of the Rules on Safety of Drugs, Etc. under the proviso of Article 42(1)2 of the Pharmaceutical Affairs Act and Article 8(1) of the Rules on Safety of Drugs, Etc.

Where any relevant Act provides for the purport that the transfer of an administrative agency's permission or patent name is permitted, a transferee of such title may file a lawsuit against the transferor seeking implementation of procedure for change of title.

In addition, unless there is a provision allowing transfer under the law, and unless there is a procedure for the change of such name, the transferee shall not be allowed to file a claim against the transferor for the performance of the transferor’s license directly to the transferee’s name.

As such, the lawsuit is unlawful.

(see Supreme Court Decision 2001Da53622, Feb. 26, 2002). However, Article 42(1) of the Pharmaceutical Affairs Act provides that a person who intends to engage in the business of importing drugs, etc. shall report to the Minister of Food and Drug Safety, as prescribed by Ordinance of the Prime Minister, and obtain permission for each item from the Minister of Food and Drug Safety.