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(영문) 서울고등법원 2019.09.26 2017나2034378

부정경쟁행위금지 등 청구의 소

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1. Of the judgment of the court of first instance, the Plaintiff Company A and B lose each amount equivalent to the following amount ordered to be paid.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as that of “1. Basic Facts,” and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The "Unfair Competition Prevention and Trade Secret Protection Act" shall be referred to as the "Unfair Competition Prevention and Trade Secret Protection Act";

Judgment on the violation or tort under the Civil Act

A. Plaintiff B’s assertion 1) developed the treatment method of this case for the first time in the world through long research, and the Plaintiffs made considerable investment and efforts to develop and commercialize the medical devices to implement the treatment method of this case. In the process, KRW 4.8 billion was paid, and these materials were used in the materials for manufacturing and using the Plaintiff’s medical device. Accordingly, these materials for clinical trials and the materials for its use were all created by the Plaintiffs’ considerable investment and effort. As such, the Defendant’s medical device that the Defendant manufactured and sold is for the purpose of implementing the treatment method of this case, including the Plaintiff’s medical device and its output and output, and the basic output and output, and “the instant similar device” as indicated in each subparagraph of the Plaintiff’s medical device. Moreover, the location and method of attachment of the prior circle are similar to those of the Defendant’s medical device, and the external form and method of use are also similar. In addition, the Defendant, while selling the medical device and selling it, indicated the Plaintiffs’ results in the Plaintiffs’ clinical trial and advertising materials using them without permission, and indicated “the Plaintiff’s advertising materials”.

(1) The Plaintiffs’ materials for marketing indicated in the separate sheet No. 3 (hereinafter “Defendant”), and the Plaintiffs’ materials corresponding thereto are “Plaintiff’s materials.”

Plaintiff .