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(영문) 서울중앙지방법원 2015.10.23 2015가합506319
부정경쟁행위금지 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that completed the registration of incorporation on March 24, 201 for the purpose of manufacturing, distributing, exporting, and importing Handphones. The Defendant is a legal entity that completed the registration of incorporation on May 9, 2008 for the purpose of the plastic film manufacturing business.

B. The Plaintiff’s product development 1) From March 2013, 2013, the studio D Co., Ltd. (hereinafter “studio design”).

) At the same time, a mobile phone type mobile phone case (hereinafter “Plaintiff’s product of this case”) such as listed in the separate sheet No. 1 by which credit cards can be put in the back case of a mobile phone (hereinafter “instant case”).

2) The main feature of the Plaintiff’s product is to ensure that the card is not exposed or lost to the outside by pushing a plastic case on the back of the mobile phone and then covering the case by inserting a credit card again, unlike the card receipt type mobile phone case in which the risk of theft or loss exists, as it is a mobile phone case for the exclusive use of “Aphone 5” or “Aphone 5S.”

C. On November 5, 201, the Plaintiff entered into the instant contract with the Defendant on an exclusive basis, and supplied the Plaintiff’s products supplied by the Plaintiff through an outsourcing company to the Defendant, and the Defendant entered into an “exclusive sales contract” with the content of selling the Plaintiff’s products (hereinafter “instant contract”). The key contents are as follows.

1. The term "goods" shall be defined as "goods exclusively for opon 5/5S" designed, produced, produced, and produced by "A", "A" shall not change the quantity of the goods at will and shall notify "B (Defendant)" if any change occurs.

3. Obligations of a monopoly-seller;

b. Minimum purchase volume: “B” must purchase and sell 15,00 goods after entering into a contract.

4.The protection of product designs “A” shall have developed.

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