부정경쟁행위금지 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company that implements the business of developing teaching materials for specialized arts education of young children and creating educational programs, and is manufacturing and selling the books of "top", "toptoptoptoptoptoptoptoptoptoptop", "toptoptoptoptoptoptoptoptoptoptoptoptoptoptoptoptoptoptoptoptoptoptoptop to play," which are the teaching materials for arts education of young children.
B. The Defendant is manufacturing and selling the letter eight books (hereinafter “Defendant book”) referred to as “C,” such as the attached list 1, in operating a business entity that develops and distributes a standard childcare program (which is subject to prior to attending school between 0 and 2) and a social welfare program (which is subject to prior to attending school at the age of 3 to 5).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The Plaintiff, which caused the Plaintiff’s claim, developed the original teaching method through a long-standing development process based on the educational philosophy that “bruptive observation” in order to provide art education for cultivating the observation and creativity of young children, and developed the Plaintiff’s book, which is the teaching materials for art education of young children applying such teaching method.
However, as shown in the attached list 2, the defendant sold the defendant's book produced by reproducing the core kidds, educational philosophy and its composition, expressions, and photographs of the plaintiff's children in the plaintiff's book as shown in the attached list.
The Defendant’s act as such infringes on the Plaintiff’s economic interest by producing and selling the same or similar Defendant’s book using the Plaintiff’s book, which is the result of the Plaintiff’s considerable investment and effort, and thereby infringing on the Plaintiff’s economic interest (hereinafter “Unfair Competition Prevention Act”).
(j) constitutes an act of unfair competition as provided in subparagraph 1 (j) of Article 2 of the Act.
The defendant is on the plaintiff's homepage as to the plaintiff's book on the marking of the infringing book.