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(영문) 서울서부지방법원 2019.02.19 2018나35534
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows: “The ordinary type of goods of the same kind is ordinarily adopted in the field of goods of the same kind; “The form of goods of the same kind” is as follows: “The form of goods of the same kind is ordinarily accepted in the field of goods of the same kind; it means the form of goods of the same kind or the form of goods of the same kind, which is inevitable to be employed in order to achieve the function and efficacy of the goods or to compete in the field of goods (see, e.g., Supreme Court Decision 2015Da216758, Jan. 25, 2017).” From Section 4, Section 2 of the judgment of the court of first instance is as follows: “The form of goods of the same kind” of Chapter 1 is as follows: “The form of goods of the same kind” and Section 4 to Section 2 of the judgment of the court of first instance is merely a form of goods of the same kind that has no creative feature that cannot be found in the existing form of goods of the same kind of goods.

Furthermore, Article 2 subparagraph 1 (i) of the Unfair Competition Prevention Act refers to the act of producing goods in the form of another person's product and substantially identical to the former. In the event of a change in the form, whether the product constitutes a product of the same type must be determined by comprehensively considering the content and degree of the change, the degree of difficulty in attachment, the form and effect of the change, etc. (see, e.g., Supreme Court Decision 2010Da20044, Mar. 29, 2012). The above aspects and the above parts of each evidence are deemed to have already existed, or the evidence submitted by the Plaintiff, including each statement in subparagraphs 30 through 32, does not clearly confirm at any time whether the product of the Plaintiff was first produced. The evidence submitted by the Plaintiff, including the evidence in subparagraphs 1, 23-1, 2, and 1 through 4-1, 7, in full view of the purport of the whole entries or pleadings in the evidence No. 7-1, 7, and 7, respectively.

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