1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. The Plaintiff is a person who runs a liquid sheet sales business under the trade name “F” in the E market 118 of Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul. Around October 2012, the Plaintiff began to sell the goods listed in the attached Table 1 (hereinafter “Plaintiff’s goods”).

B. Defendant C is an individual entrepreneur who engages in the L market B 5014 of Jongno-gu Seoul Metropolitan Government H market B 5014, and Defendant C is the wife of Defendant C.

From October 2014, the Defendants began to sell the goods listed in the separate sheet No. 2 list (hereinafter “Defendant’s goods”).

[Ground of recognition] without any dispute, Gap's 1, 2, Eul's 1, Eul's 3, the video of Gap's 3, the purport of whole pleading

2. The parties' assertion

A. As can be seen by comparing the Plaintiff’s alleged product with the Defendant’s product, Defendant B exhibits and sells the Defendant’s product, which is a product that imitates all designs other than trademarks, among the Plaintiff’s product.

As such, Defendant B produced and sold the Defendant’s goods which imitated the Plaintiff’s goods, which is a person under Article 2 subparag. 1 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”).

It constitutes the so-called reproduction of the form of goods.

The plaintiff primarily claims against the defendant B for the prohibition of the production and sale of the defendant's goods under Article 4 of the same Act and the disposal of the above goods, etc., and claims compensation of KRW 30 million as part of the damage inflicted on the plaintiff due to the above unfair competitive act pursuant to Article 5 of the same Act.

However, as alleged by the Defendants, Defendant B merely intended to operate Defendant C’s business and sought a prohibition claim and a claim for damages against Defendant C in advance, if not the actual business operator.

B. The business registration of the Defendants’ assertion I store is the name of the Defendant C, the husband of the Defendant B, and the Defendant B only assisted the Defendant C’s business in the above store.