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서울고등법원 2020.01.21 2019나2041417
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the reasoning of the judgment of the court of first instance is as follows, except for the addition of the Plaintiff’s assertion, and thus, it is consistent with the reasoning of the judgment of the court of first instance.

2. The Plaintiff asserts that the Defendant committed an unfair competition act under Article 2 subparagraph 1 (k) of the Unfair Competition Prevention and Trade Secret Protection Act due to the Defendant’s use of the design characteristics of the L/C month used in the H exhibition hall as the Plaintiff’s performance (hereinafter “the L/C month”), as they are, in another exhibition hall, of the design characteristics of the L/C month (hereinafter “the L/C month”).

However, in light of the following circumstances, it is difficult to view that the Defendant violated a contractual obligation or committed an unfair competition act using illegally the outcome of the Plaintiff’s investment and effort, as alleged by the Plaintiff, by taking into account the evidence and factual relations mentioned above, and the images of Gap evidence Nos. 22 and 23 additionally submitted to this court.

Commercial designs, such as the design of this case in the No. 304, are generally held in cases where a design owner and a designer consults on the elements of the design formation or the overall image, considering the characteristics of the product at issue, consistency or harmony between the design owner and the designer, etc., considering the characteristics of the product at issue, consistency or harmony with the image of the existing advertisement or exhibition.

As a part of the process of completing the design of the No. 3 of this case, the Plaintiff received existing exhibition designs or advertising images, etc. of E products from the Defendant, and the overall form of the No. 3 of this case (such as the posting of products at intervals within the entire frame of the left, the white effect, etc.) and the coloring.

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