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(영문) 서울남부지방법원 2013.11.01 2013가합11325
손해배상(기)
Text

1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from November 28, 2012 to November 1, 2013; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff operates the Internet shopping mall website (E; hereinafter “Plaintiff’s website”) called “D” as a company engaged in the manufacturing, export, and import of electronic components. The Defendant is operating the Internet shopping mall website (C; hereinafter “Defendant’s homepage”) called “B” as a company engaged in the manufacturing, wholesale, retail, etc. of electronic tools and seals.

B. On November 15, 2012, F purchased a smoke purification machine for table use (hereinafter “instant product”) on the Plaintiff’s website, and on November 19, 2012, F posted a notice “the difference between the goods and the manager and the manager” on the Defendant’s website “customer center” on November 19, 2012.

The contents of the above notices are as follows: “When comparing the product of this case and the Defendant’s product, there is doubt that the product of this case is a dust and protruding the product without internal approval.” The above notices contain several photographs showing the packaging condition, contents, etc. of the product of this case and the Defendant’s product.

C. On November 28, 2012, the Defendant posted the above notice prepared G around November 28, 2012, along with the “public notice” column on the Defendant’s website, and put the notice on the “public notice” column and “customer center.”

(hereinafter “First Notice”) d.

Accordingly, on December 11, 2012, the Plaintiff filed an application for provisional disposition seeking the deletion or prohibition of the primary post as the Suwon District Court Branch Branch Branch No. 2012Kahap154, and on February 1, 2013, the court in charge of the said provisional disposition rendered a decision on February 1, 2013 that “the Defendant shall delete the primary post posted in the Defendant’s website and in the customer center column.”

(hereinafter referred to as “instant provisional disposition”). E.

The defendant deleted the first notice on February 5, 2013, which was after the decision of provisional disposition of this case was rendered, and started around that time.

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