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(영문) 서울동부지방법원 2015.03.18 2014나21696
손해배상
Text

1. Each of the plaintiffs' appeals is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) The Defendant is an incorporated association established for the purpose of improving public health, such as dental medicine, dental care and development of public dental health, friendship among the members, etc. The Plaintiffs are dentists as the Defendant’s members. 2) “Cental medicine” is a network of the maximum domestic size of 108 affiliated stores in Korea, and 7 affiliated stores in the United States. The head of the affiliated store is a representative director, and the head of the affiliated store is operating each affiliated store by sharing the name of the hospital called C dental department and jointly purchasing dental materials. The Plaintiff A is the DNA director of the affiliated department with C, and the director of the affiliated department with C et al.

B. The Korea Food and Drug Administration (hereinafter “Korea Food and Drug Administration”)’s investigation on the edible products used by C value and each franchise store, and the issuance of official instructions therefrom, etc. 1) C value-added 85 franchise stores are manufactured and supplied to each franchise store through the omission of entry in the JJ (hereinafter “Stock Company”). The Food and Drug Administration, around October 2012, provided that, “The Food and Drug Administration, at the early stage of October, 2012, has provided information that the edible fixed products used by C value- and franchise stores are being used without being destroyed or treated, to request the Defendant to suspend the sale of medical devices and to suspend the use of medical devices, and to make it widely known to the Defendant as to the Defendant’s request for suspension of the use of the medical devices and to recall the medical devices from 23th of the same month to 14th of the same year, so as to ensure the Defendant’s smooth distribution of the products.”

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