손해배상 등 청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Plaintiffs, with the trade name “D” from November 27, 2018, are operating a franchise business on stores with the main products of tafbbbb cream beverages under the sign of “G” in Seongdong-gu Seoul, Seongdong-gu and F, while engaging in wholesale and retail business of raw materials, franchise business, etc., and under the sign of “G”.
B. On February 11, 2019, the Defendant is a corporation established with its main business purposes, such as coffee, tea and health, preparations, food manufacturing, marketing, franchise, etc. in Gangseo-gu Busan Metropolitan Government H.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiffs asserted 1) On the second date for pleading, the Plaintiffs organized the cause of the instant claim into an unfair competition act under Article 2 subparag. 1 (k) of the Unfair Competition Prevention and Trade Secret Protection Act.
The plaintiffs refer to ① a place where black scke and fireworks can be enjoyed. The plaintiffs set up a clean and high-class “G” sign that represents black scke, ② a store front signboard and protruding-out signboard that consistently uses the cover of these “G”, ③ a store front signboard and protruding in the interior, ③ a sobuber Mtile Ma, ③ a differentiated camera with existing drinks such as “C officee & e-a,” and “Frue Te”, ④ a camera New, ④ a unique structure and manufacturing method that put black scke in beverages at open space in the store, and thus comprehensively combines such elements as the composition and manufacturing method of beverages. However, the plaintiffs made efforts to create diverse independent images and brands that are similar to the plaintiffs’ investments in the pre-existing brand and its products.