1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company that engages in commercial printing, stuffing, manufacturing, and selling business, and the Defendant is a company that engages in product smoke chain business (franchising business), food business (cafeteria business), etc. with the trademark “BHC CHICN”.

B. On August 1, 2013, the Plaintiff was proposed by the Defendant to produce packaging boxes to be used for the Defendant’s new products of Hein’s disease.

Accordingly, on August 7, 2013, the Plaintiff submitted a sample sample of “one-soliding stuff” as indicated in attached Table 1, which the Plaintiff filed for utility model registration, to the Defendant on November 29, 2012, and submitted a drawing and sample sample of the package boxes as indicated in attached Table 2, which partially modified, reflecting the Defendant’s requirements on August 14, 2013.

C. Since then, the Plaintiff submitted a written estimate for revised packing boxes to the Defendant. On August 17, 2013, the Defendant notified the Plaintiff that the Plaintiff would not conclude the supply contract because the Plaintiff’s proposal price is too high.

The Defendant concluded a contract with Fax Co., Ltd. on September 2013 for the supply of packaging boxes, and thereafter has been supplied and used by the Defendant for the packaging boxes of products, such as BHC Epires and BHC Lkin (hereinafter “instant packaging boxes”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 17 and 18, the purport of the whole pleadings

2. The plaintiff's assertion made use of the drawing and sampling of the revised package box, which is the result of the plaintiff's considerable investment and efforts, in the process of negotiating a contract with the plaintiff, without permission, for one's own business. This constitutes an unfair competition act under Article 2 subparagraph 1 (j) of the Unfair Competition Prevention and Trade Secret Protection Act and other outcomes made by another person's considerable investment or effort, etc. in the fair commercial practices or competition order.