A. The Plaintiff, from March 2013 to April 2013, while engaging in fashion design and clothing business, registered the mark as a trademark (designated goods class No. 25 clothing, etc.) and a service mark (designated goods class No. 35 clothing wholesale business, etc.) around April 2014.

B. The Plaintiff, from April 2016, manufactured the KRW dices under the name of “E” (hereinafter “E”) and sold them through the Plaintiff’s stores, department stores, website, Lone Stargs, and NAbrogs. The instant dices consisted of three colors, such as doping, Blus, and the selling price of KRW 1,789,00.

C. Meanwhile, the Defendants, under the trade name of “F”, sold the raw spons (hereinafter “Defendant’s products”) under the name of “G” from September 2017 to April 2018 via Lone Stargs, NAB Blogs, etc. The Defendant’s products consisting of two colors, such as doping and Blogs, and the selling price is KRW 220,000.

The overall form of the instant rare and Defendant products is as follows.

【Ground Nos. 1 through 7 (including a branch number; hereinafter the same shall apply), the fact that there is no dispute, and the purport of the whole pleadings, which are grounds for recognition.

2. The parties' assertion

A. The summary of the Plaintiff’s assertion 1) The Defendants, which is the primary cause of the Plaintiff’s primary claim, manufacture and sell the Defendant’s product that imitates the product form of the instant World, thereby constituting the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”).

(2) The Defendants constitute an act of unfair competition under Article 2 subparag. 1 (i) of the Act of Unfair Competition. 2) The instant broadcast constitutes the outcome of the Plaintiff’s considerable investment or effort. The Defendants, while manufacturing and selling the Defendant’s products, indicated the instant broadcast in the main text of the said Act and “H” and “I”, or without permission, used the Defendant’s pictures, which were the Plaintiff’s trademark, in a manner that the Plaintiff’s trademark, and the Plaintiff’s trademark, were affixed to the Plaintiff at the end of the notice.