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.

1. Basic facts

A. As seen below, the Plaintiffs are the subscribers of the National Health Insurance, and have purchased and recovered medicines that the Defendant manufactured and sold. 2) The Defendant is a corporation for the purpose of manufacturing and selling medicines, etc., and is a business entity under Article 2 subparag. 1 of the Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”).

B. From April 2003 to September 2006, the Defendant committed an act of inducing customers by providing medical personnel with cash, subsidizing cash-related expenses, merchandise coupons, etc., golf-type entertainment, support through Pms (Pms) and support through seminars, support through seminars (hereinafter “instant act”).

C. 1) The Fair Trade Commission imposes penalty surcharges on the Defendant, as the Decision No. 2009-11 of May 12, 2009, and as the former Fair Trade Act (amended by Act No. 8382 of April 13, 2007; hereinafter “former Fair Trade Act”).

(1) Article 23(1)3 of the former Enforcement Decree of the Fair Trade Act (amended by Presidential Decree No. 22160, May 14, 2010; hereinafter “former Enforcement Decree of the Fair Trade Act”)

(2) On the grounds that the Defendant’s act of attracting unfair customers under Article 36(1) [Attachment Table 1](4)(a) constitutes an act of inducing unfair customers, the Defendant imposed a penalty surcharge of KRW 4,638,00,000 upon the Defendant along with the corrective measures. (2) The Defendant, who is dissatisfied with the above disposition by the Fair Trade Commission, filed a lawsuit seeking revocation of the said disposition with Seoul High Court 2009Nu14516, but was ruled against the Defendant on April 21, 201, and the said judgment against the Defendant was finalized as it is, without filing an appeal.

The Plaintiffs purchased medicines manufactured and sold by the Defendant during the instant action period as follows.