부정경쟁행위금지등
1. The Defendant’s KRW 3,00,000 as well as the Plaintiff’s annual 5% from November 24, 2014 to August 21, 2015, and the following.
1. Basic facts
A. From springing in 2012, the Plaintiff began to sell each of the Bloves products listed in [Attachment A] Nos. 2 and 3, and the Bloves products listed in [Attachment A] Nos. 1 from around 2014, respectively.
F. In addition, as indicated in Attachment 1 List 1 List 1 List 1’s “The Plaintiff’s 1-1 product”, and as indicated in Paragraph 2 of the same Schedule, “The Plaintiff’s 1-2 product, including the Plaintiff’s 1-1 product and the 1-2 product,” the Plaintiff’s 1 product and the 2-3 product are “the Plaintiff’s 2 product.”
B. The Defendant sells each B. B. B. B. The Defendant sold each B.C. product listed in the separate sheet No. 2 on its own website.
F. In addition, the blosts listed in [Attachment 2] List 1 are “Defendant’s primary product” and each product listed in paragraphs 2 and 3 of the same list is “Defendant’s secondary product.”
(ii) [In the absence of dispute over the basis of recognition, Gap evidence 1 to 5, Gap evidence 7, 9, 10, 11, 15, Eul evidence 24 to 27, and the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff’s assertion imitates the Plaintiff’s primary products to produce and sell the Defendant’s primary products, and imitates the Plaintiff’s secondary products “scarp in the form of scarp with which scarp and scarp are scarp” among the parts of the Plaintiff’s secondary products, thereby producing scarp, the Defendant’s secondary products, and selling them together with the secondary products.
The Defendant’s act of imitateing Bloves or Scarf’s above constitutes “act of imitateing a product form” under Article 2 subparag. 1 (i) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”), and also constitutes “act of using the Plaintiff’s outcome without permission contrary to the fair competition order” under subparagraph (j) of the same Article.
Accordingly, the plaintiff, against the defendant, manufactures and sells the above tables or scarfs produced and sold by the defendant in accordance with Article 4 of the same Act.