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(영문) 서울서부지방법원 2018.05.16 2017가단219358
손해배상(기)
Text

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

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

Reasons

1. Basic facts

A. From the beginning of 2015, the Plaintiff is manufacturing and selling a product, etc. on the left-hand side of the photograph, which is a form of liquid, pin, etc. combined with a funeral plant in the transparent body (hereinafter “batall”) in which liquid, half, etc. were collected (hereinafter “bats”).

B. From October 20, 2016, the Defendants are manufacturing and selling the products, etc. on the right-hand side of the separate sheet, a small and medium book, in the name of “E” (hereinafter collectively referred to as “Defendant products”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5 through 12, and 15 (including additional numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s product, which is the cause of the Plaintiff’s claim, imitates the Plaintiff’s product or uses the outcome made by the Plaintiff’s efforts and investment without permission, and the Defendant’s act of producing and selling the product is a person under Article 2 subparag. 1 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter

Item (j) "Any other act infringing on other person's economic interests by using the results, etc. achieved by another person's considerable investment or effort for one's own business without permission in a manner contrary to fair commercial practices or competition order" and thus, the Plaintiff suffered losses equivalent to the amount stated in the purport of the claim.

Therefore, under Article 5 of the Unfair Competition Prevention Act, the defendants are liable to compensate the plaintiff for the above damage.

B. The Defendants’ assertion form of the Plaintiff’s product is merely a form that would normally have been produced and sold from the past, and even if so, the Defendants imitated the Plaintiff’s product.

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