부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 11, 2014, the Plaintiff and the Defendant engaged in the same kind of arche fishery. On November 3, 2014, the Plaintiff concluded a arche construction contract with the Seo-gu, Gwangju, Seo-gu, Da, 120 square meters of 120 stories (hereinafter “instant beauty art room”) and continued construction, and the Defendant had been aware of such circumstances and had been temporarily interrupted, and concluded a arche construction contract with the instant beauty art room and carried out subsequent construction works.
This is an act in violation of Article 23 (1) 3 of the Fair Trade Act, and the defendant is liable for damages against the plaintiff pursuant to Article 56 (1) of the same Act.
In addition, in the process of the above follow-up construction, the Defendant abused the Plaintiff’s idea and rag-out layout map without paying the fee under Article 85(1) of the Design Protection Act, and neglected the Plaintiff’s application for a provisional disposition for discontinuance of construction, thereby obstructing the Plaintiff’s construction work by neglecting it and neglecting it, and committing crimes against obstruction of duties, theft, possession of stolen objects, damage to property, obstruction of exercise of rights, etc. under the Criminal Act.
Therefore, the defendant is obligated to pay to the plaintiff the damages suffered by the plaintiff due to his own act, that is, the 12 million won, the profit of the interior works, the 7.4 million won, the value of the destroyed material, and the 16.6 million won, including mental damages, and the damages for delay.
2. Each of the descriptions of Gap evidence Nos. 1 and 12 (including the number of pages) was not sufficient to examine the judgment, and the defendant unfairly urged the plaintiff's customer who is a competitor to deal with the cosmetic work of this case.
The plaintiff's idea and the layout map of the Malaysia are illegal, and they are installed at the construction site.