1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 30, 2017, the Plaintiff developed and manufactured a bags for female use (hereinafter referred to as “Plaintiff’s product”) such as “F,” and began to sell the Plaintiff’s product as “G” trademark from September 30, 2017.

On November 20, 2017, the Plaintiff sold prior orders and post-production, and started the first delivery on or around November 20, 2017, and sent five colors in order.

B. For the purpose of advertising the Plaintiff’s product, around October 2017, the Plaintiff provided the Plaintiff’s product to H, who is both a handman and an associate, with the payment of KRW 12,00,000,00 for the promotional expenses. From November 2017, 201, the Plaintiff provided the Plaintiff’s product and paid KRW 2,20,000 for the promotional expenses, and thereafter, the Plaintiff used each photograph listed in the attached Table where H and I wear the Plaintiff’s product for the advertisement of the Plaintiff’s product.

C. On November 22, 2017, the Defendant, operating a store with the trade name “K” in J Building, classified and sold bags with very similar type of Plaintiff’s products as L from November 22, 2017, and posted each of the posts listed in the separate sheet in the Defendant’s account to promote Defendant’s products.

[Reasons for Recognition] Each entry in Gap evidence 1-10 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion is that the Defendant sold the Defendant’s product that imitated the Plaintiff’s product, and such an act is subject to the former Unfair Competition Prevention and Trade Secret Protection Act (amended by Act No. 15580, Apr. 17, 2018; hereinafter the former Unfair Competition Prevention Act.

The act of unfair competition provided for in subparagraph 1 (i) of Article 2 shall be applicable.

In order to promote products, the plaintiff's products have increased in awareness of the plaintiff's products through online media, and led a positive seal by developing the plaintiff's products with considerable cost and effort, and supporting the artist to promote the products, and actively promoting them through online media.

The defendant stolen the plaintiff's celebic photo and imitates the plaintiff's products.