부정경쟁행위 금지 등
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
1. In the first instance trial, the Plaintiff filed a counterclaim against the Defendant (hereinafter “instant counterclaim claim”) claiming prohibition against the production, etc. of each product listed in the separate sheet No. 1 (hereinafter “instant main claim”) and the Defendant filed a counterclaim against the Plaintiff seeking prohibition against the manufacture, etc. of each product listed in the separate sheet No. 3 (hereinafter “instant counterclaim claim”).
On November 29, 2019, the court of first instance rendered a judgment dismissing both the principal claim in this case and the counterclaim claim in this case.
In this regard, the plaintiff only filed an appeal regarding the claim of this case, and the scope of the judgment of this court is limited to the claim of this case.
2. Basic facts
A. The Plaintiff is a company Gap evidence 1 that manufactures and sells textile and clothing products under the name of "C".
From May 2017, the Plaintiff (hereinafter collectively referred to as “Plaintiff’s swimmingd Products”) was manufactured from around May 2017, and sold via online shopping mall site (D) by manufacturing each swimmingd Products listed in the separate sheet No. 2 attached hereto.
Gap evidence 2, Eul evidence 18
B. The defendant is a company Gap evidence 3 that manufactures and sells textile and clothing products under the name of "E".
From May 2018, the Defendant: (a) manufactured each swimming uniform product listed in the separate sheet No. 1 (hereinafter collectively referred to as “Defendant swimming uniform product”); and (b) sold it through the offline store and online shopping mall site (F) according to the sequence listed in the separate sheet No. 1.
Gap evidence Nos. 4, Eul evidence Nos. 17, 20, 23 through 26 [Grounds for recognition], Gap evidence Nos. 1 through 4 and Eul evidence Nos. 17 through 20, 23 through 26 (where there are lot numbers, including the branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.
3. Summary of the parties' arguments;
A. The plaintiff's assertion.