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(영문) 수원지방법원여주지원 2017.08.09 2016가단2620
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that sells households under the trade name of “B” and “C,” and the Defendant is a company that sells households.

B. The Plaintiff supplied a timber household to the Defendant from around 2011 to around 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5 through 9 (including branch numbers), the purport of the whole pleadings

2. The defendant's assertion made and sold the same product as the household that the plaintiff produced and sold without the plaintiff's permission. The defendant's act constitutes an unfair competition act under Article 2 subparagraph 1 (i) or subparagraph 1 (j) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "Unfair Competition Prevention Act") or a tort under Article 750 of the Civil Act, and the defendant is liable to compensate the plaintiff for damages caused by an unfair competition act or tort.

3. Article 2 of the Unfair Competition Prevention Act (Definitions);

1. The term "act of unfair competition" means any of the following acts:

(i) Transferring or lending, displaying for such purpose, or importing or exporting, goods manufactured by another person (referring to shapes, shapes, colors, or luminous or any combination thereof, including the forms in a prototype or a letter of product presentation; hereinafter the same shall apply): Provided, That any of the following acts shall be excluded herefrom:

(a) Transferring, lending, displaying, importing, or exporting goods that imitate the form of the goods for which three years have passed since they were kept in the form of the goods, such as the manufacture of prototypes, (ii) transfer, lease, display, or display for this purpose any goods of the same kind as those produced by another person (where there is no identical goods, referring to the goods of the same kind, referring to the goods of which the function and utility of the goods are identical or similar).

(j)bed;

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