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(영문) 부산지방법원 동부지원 2018.10.31 2018고정477

부정경쟁방지및영업비밀보호에관한법률위반등

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Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. The defendant A is the representative director of the Jung-gu Busan Metropolitan Government D Building, and (ju) B, a distributor of leisure products in accordance with subparagraph 801.

From November 11, 2015, the Defendant entered into a sales contract with the “F” company in China E-dong E-dong manufacturing business entity from November 1, 2015, and sold the said products to domestic consumers through Internet shopping mall.

A. Despite the termination of a domestic sales contract with “F” company as of November 11, 2016, the Defendant who interfered with the business, lost the eligibility to exclusively sell E-dong scoos, the Defendant continued to sell the said E-dong scoos through Internet shopping mall from around that time to July 2017.

= A. The sales contract entered into “A” with “B” is “A” only through “A”: “A.” with “A.” with “B” with “B” with “B” with “B” with “the head office” with “B” with “B” with “B” with “the total sales sales contract entered into with “B” with “B” with “the sales contract entered into with “B” with “B” with “the sales contract entered into with “B” with “the sales contract entered into with “B” with “the sales contract entered into with “B” with “the sales contract.”

(b) No one shall cause confusion with another person's business facilities or activities by using signs identical or similar to another person's name, trade name, or emblem, or any other sign widely known in the Republic of Korea to indicate another person's business, in violation of the Unfair Competition Prevention and Trade Secret Protection Act;

Nevertheless, the Defendant: (a) sold E-dong scoo from November 11, 2016 to July 2017, the online shopping mall and advertised false content as if it exclusively concluded a total sales contract with “F” company; and (b) used the same or similar mark as the mark indicating the Plaintiff’s business to cause confusion with the victim’s business activities.

2. Defendant B Co., Ltd. 1-b. The representative director of Defendant B, as set forth in paragraph 1-b, committed an unfair competitive act with respect to the Defendant’s business (/e).