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(영문) 서울고등법원 2014.12.05 2011나52590
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

Defendant.

Reasons

1. The Plaintiff filed a lawsuit claiming for the return of unjust enrichment with respect to the Corporation's charges and patient principal's charges, which the Plaintiff paid against the Defendants, as the primary tort, and sought for the return of unjust enrichment.

The first instance court dismissed part of the plaintiff's conjunctive claim against some defendants, and dismissed all the remaining main and conjunctive claim.

Accordingly, since only the plaintiff appealed on the part of the Corporation's charges among the judgment of the first instance, the scope of the judgment of this court is limited to this part.

2. The reasons why this court should explain are the corresponding part of the reasons for the judgment of the court of first instance.

(main sentence of Article 420 of the Civil Procedure Act). 3. Claims against Defendant Republic of Korea, A, and B

A. (1) The Plaintiff is a professor of C University established by the Republic of Korea, and Defendant A conspired with Defendant B, a researcher of the medical research institute of the said university, to manipulate the genetic test data on the A.I.D. A., and to prepare a false test report on the said drug, thereby failing to recognize the same-sex relationship, Defendant A received a public announcement of the recognition of the same-sex relationship by the Commissioner of the Korea Food and Drug Administration. The said drug and the renewed medicines of Defendant Pharmaceutical Companies (hereinafter referred to as “the instant drug” by combining these medicines and the renewed medicines) were registered in the health care benefit list.

As a result, the Plaintiff suffered damages from the payment of medical care benefit costs for the instant medicine.

Therefore, Defendant A, B, and its employer are liable to compensate the Plaintiff for the above damages with respect to the instant medicine.

B. The above Defendants (1) are only identical to the original drug of the Defendant A-A-A-A-A-I-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa-Pa

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