(영문) 서울중앙지방법원 2019.10.04 2018가합506358

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(영문) 서울중앙지방법원 2019.10.04 2018가합506358

제조판매금지 및 손해배상

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1. The Defendant’s KRW 68,098,00 for the Plaintiff and 6% per annum from December 5, 2018 to October 4, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in research, development, and manufacturing of medical appliances and medicines. The Defendant is a company that manufactures and sells medical appliances and medicines.

B. On August 7, 2014, the Plaintiff and the Defendant concluded an agreement on product development and sales business (hereinafter “instant business agreement”) with the following content.

The main contents thereof are as follows:

Article 1 (Purpose) The purpose of this Convention is to provide for all matters that the plaintiff and the defendant shall cooperate in relation to the joint development and sale of products at a mutually advantageous level.

Article 2 (Details of Agreement) The plaintiff and the defendant shall cooperate with each other in the following fields:

1. Joint development of pharmaceutical products, new drugs, and new products (including clinical trials);

2. Marketing and promotion of sales of products jointly developed;

3. Personal and material exchanges between the Plaintiff and the Defendant

4. Other matters concerning restrictions for the development of the plaintiff and the defendant and discovering, establishing, and promoting products for medical devices.

1. The plaintiff shall conduct the development, permission and manufacture of new products, and the defendant shall actively cooperate with all necessary matters.

2. The defendant shall carry out the marketing and sales activities of new products, and the plaintiff shall actively cooperate in all necessary matters.

3. With respect to products developed with the consent of the Plaintiff and the Defendant, the Plaintiff and the Defendant first cooperate so that they can obtain permission under the Defendant’s independent product name by priority.

Article 4 (Implementation of the Convention) Specific methods of implementation, etc. not specified in this Convention shall be prepared and implemented in good faith for each product jointly developed.

Article 5 (Effect) The terms of this Convention shall enter into force on the date of conclusion of the Agreement, and shall be deemed effective unless either party notifies of its intention of termination.

C. The plaintiff.

유사 판례

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-서울중앙지방법원 2015.09.24 2014가합554977

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