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(영문) 수원지방법원 2020.01.15 2018나67084
손해배상(기) 등
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 reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following “2. additional determination” as to the assertion that the plaintiff emphasizes or adds to this court, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that the Defendant was liable to compensate the Plaintiff for damages under Article 5 of the Unfair Competition Prevention and Trade Secret Protection Act, since the Plaintiff entered into a contract with a limited company for one’s own business even though it was well aware that the gold type of the Plaintiff’s acquiring machine was made by considerable investment or effort by the Plaintiff, which constitutes an act of violating Article 2(1)(k) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”) by infringing the Plaintiff’s economic interests.

Article 2 (1) (k) of the Unfair Competition Prevention Act provides that "any other act infringing on other's economic interests by using the results, etc. achieved by considerable investment or effort for one of the unfair competition acts in a manner contrary to fair commercial practices or competition order."

The evidence submitted by the Plaintiff alone is insufficient to deem that parts, such as gold-types, imported by the Defendant from G LLC, were made by the Plaintiff’s considerable investment or effort, and there is no other evidence to acknowledge it. It can be deemed that parts imported by the Defendant were made by the Plaintiff’s investment or effort.

Even if GJ entered into an exclusive contract with the Plaintiff on the domestic sale of the acquired part, it is separate from the Plaintiff’s liability for breach of the contract with the Defendant by entering into a trade agreement with the Defendant, and according to the evidence No. 1.

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