beta
(영문) 서울중앙지방법원 2019.07.11 2018가합536076

부정경쟁행위금지 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s status and the interior, etc. 1) The Plaintiff is the Plaintiff’s three liquid store with the trade name “E” in the Jung-gu Seoul Metropolitan Government C shopping mall and D shopping mall in Jung-gu Seoul Metropolitan Government (hereinafter “Plaintiff”).

2) The design and color of the display stand, lighting, signboard, sponsor and remote areas of the plaintiff's store are as shown in the plaintiff's written test.

(hereinafter referred to as "the plaintiff's interior," in total, the design and color of the display stand, lighting, signboard, sponsor and remote areas.

The Defendant’s position and the interior, etc. 1) The Defendant is a liquid store in the name of “H” in the first floor G of the F building in Jung-gu Seoul Metropolitan Government (hereinafter “Defendant store”).

2) The design and color of the display stand, lighting, signboard, stand and remote area of the Defendant’s store are as shown in the Defendant’s test.

(hereinafter referred to as “Defendant’s interior”, including the design and color of the foregoing display stand, lighting, signboard, stand, and remote areas, hereinafter referred to as “the design and color of the Defendant”). 【The fact that there is no dispute as a ground for recognition, entry in the evidence Nos. 1, 2, 3, 6, 7, 10, 11 (including the number of pages; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff: (a) the Plaintiff created a manology that could stimulate visual senscence and stituities so as to stimulate consumers’ desire to purchase; (b) the Plaintiff, who is a manology business operator, instructed I to all matters concerning the manology of the Plaintiff’s burial, such as a colorer, consensus, design, design, vision, coloring, furniture form, lighting pattern, lighting pattern, etc.; and (c) let I perform the Plaintiff’s manology.

Therefore, the plaintiff's thesis is the result of the plaintiff's considerable investment or effort.

However, the defendant opened liquid burials in the plaintiff burial in a place less than five minutes away from the Dozine, and entrusted I with the interior of the defendant burial, and "the interior of the defendant burial" is the same as the plaintiff's burial.