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(영문) 부산지방법원 2017.11.15 2016가합51364
부정경쟁행위 금지 등 청구의 소
Text

1. The defendant shall not sell, transfer, exhibit, import or export each product listed in the separate sheet No. 1.

2...

Reasons

1. Basic facts

A. On January 1, 1996, the Plaintiff manufactures and sells the t bargaining machine under the name of “C”, which has the appearance as shown in the [Attachment 2] list, along with

B. The Defendant is a person who manufactures and sells any t bargaining machine under the name of “D”, which has the appearance as indicated in the separate sheet No. 1, together with

[Reasons for Recognition] Unsatisfy, Entry of Evidence A 1 to 4, All of the arguments

2. The parties' assertion

A. The gist of the plaintiff's assertion 1) The defendant produced and sold the defendant's product in the same form as that of the plaintiff's product by reproducing the form of the plaintiff's product. Such defendant's act is the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "Unfair Competition Prevention Act").

(2) The Plaintiff’s product constitutes an unfair competition act under Article 2 subparag. 1 (i) of the Unfair Competition Prevention Act. (2) The Defendant infringed the Plaintiff’s economic interest by manufacturing and selling the Defendant’s product in the same form as the Plaintiff’s product in a manner contrary to fair commercial practices or competition order. Such Defendant’s act constitutes an unfair competition act under Article 2 subparag. 1 (j) of the Unfair Competition Prevention Act.

3) Therefore, the Defendant shall not sell, transfer, import, or export the Defendant’s product pursuant to Article 4(1) of the Unfair Competition Prevention Act, and is obligated to discard the Defendant’s product in storage and display in the Defendant’s office, place of business, agent, or warehouse pursuant to Article 4(2) of the same Act. (B) The Defendant’s summary 1) type of the Plaintiff’s product has already been in time before the Plaintiff’s product was released.

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