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(영문) 서울중앙지방법원 2020.05.29 2019가합527598
부정경쟁행위금지 등 청구의 소
Text

1. The part concerning the claim for prohibition in the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. The Plaintiff’s assertion runs the business of developing and educating flowers design with the trade name of “C,” and the Defendant runs the business of providing in-depth documentary qualification certificates with the trade name of “D.”

In around 2015, the Plaintiff developed the design of the form in which the Plaintiff reads marriage food care with liquid or glass disease, etc. (so-called “so-called “Surbination”). From around 2017, the Plaintiff manufactured and sold products using the said design. From February 2019, the Plaintiff had provided the “Dlobination curriculum” and trained the Mebination technique.

However, from around 2018 to 2018, the Defendant has continuously obstructed the Plaintiff’s design and curriculum by opening a lecture which imitates the Plaintiff’s educational singglass, and around March 18, 2019, the Defendant continued to gather the Plaintiff’s secondary design and curriculum.

The defendant's act of imitated as above constitutes an act of unfair competition under Article 2 subparagraph 1 (k) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "the Unfair Competition Prevention Act"), which uses the result made by the plaintiff's considerable investment or effort in a manner contrary to fair commercial practices or competition order, and thus, constitutes an act of unfair competition under Article 2 subparagraph 1 (k) of the Unfair Competition Prevention and Trade Secret Protection Act, the plaintiff sought payment of 50 million won and delay damages against the defendant as part of the prohibition of unfair competition under

2. We examine the legality of the part of the instant claim for prohibition ex officio.

An act prohibited in the claim of a lawsuit seeking prohibition and an object thereof must be specified individually to the extent that the enforcement agency can be distinguished from other objects without a separate judgment.

The plaintiff shall specify the attached Form 1 with the defendant's SNS posts and photographs, and "the course listed in the attached Table 1".

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