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(영문) 서울고등법원 2016.03.31 2015나2049390
부정경쟁행위금지 등 청구의 소
Text

1. All appeals filed by the plaintiffs are 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. The party’s position 1) Plaintiff Glaxo Group Lirited (hereinafter “Plaintiff Glaxo Group”)

) The Plaintiff is a multi-national pharmaceutical company that researches and develops fire extinguishers and respiratory disease treatment chemicals, etc., and the Plaintiff, Inc., 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. The plaintiffs and the defendants' domestic business status 1) The plaintiff galsium was developed by the plaintiff galsium from 2000 to the plaintiff galsium 100/250/50 of the COD disease (COD) treatment chemicals (SPD) treatment chemicals, the plaintiff galsium 100/250/50 of the galsium dalsium 100/250/500 of the galsium, and the plaintiff galsium refers to the "galsium."

) The products are exclusively imported and sold in Korea. Among them, Sicker’s products (hereinafter “Plaintiff’s products”).

) The world’s first product is a “murine inhaled solution” product which contains a combination of the “spactapheric hepheric agents” and “spheric spheric agents” (hereinafter “Plaintiff’s products inhaled solution”).

(2) On June 30, 2014, Defendant Ansan drugs jointly sell the products of Defendant Korea’s Republic of Korea and 250/500 (hereinafter only referred to as “Defendant products”) around June 30, 201.

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