1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From around January 201, the Plaintiff produced and sold a functional beer, which prevents the Plaintiff from being satisfyed by a young child’s future organ (hereinafter “Plaintiff’s product”). From January 201, the Defendant produced and sold the “Defendant’s product” (hereinafter “Defendant’s product”).

Plaintiff

Product floor plan of Defendant Product

B. On September 22, 2016, the Plaintiff filed an application with the Seoul Central District Court (2016Kahap81221) for provisional injunction against unfair competitive acts against the Defendant. On November 3, 2016, the said court dismissed the said application on the grounds that the Defendant’s products are not similar to the Plaintiff’s products. The Plaintiff filed an appeal with the Seoul High Court (2016Ra21340), but the said court dismissed the appeal on June 21, 2017, and the said decision became final and conclusive on June 29, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 9 and 15 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s representative director, who claimed that the Plaintiff had been operating a terrocina, a company manufacturing and selling secondary correction medical devices of infants and young children, conducted a study of functional beer that can prevent the Plaintiff’s delivery of infants and young children from around January 2010, and released the Plaintiff’s products around November 201, and around around 2015, the Plaintiff’s market share was achieved one of the market share industries.

However, from January 2016, the defendant sold the defendant's product identical to the plaintiff's product at the Internet site (www.beenuvo.com) operated by the defendant from January 2016.

원고는 종전에 판매되고 있었던 일명 ‘짱구베개’에서 없었던 형태와 소재를 원고 제품에 채택하여 새로운 형태를 만들었고, 원고 제품이 약 5년 동안 다양한 언론에 보도되고 홍보되었으며, 누적 판매 수량이 20만개가 넘는바, 원고 제품은 주지성을 획득하였고, 피고의 행위는 부정경쟁방지 및...