The case holding that in a case where Gap corporation, the patentee of Eul corporation, and Eul bank, who developed and used the "Stop Account Opening Service System" of the patented invention "Stop Account Opening System" with the characteristic of including image reception and image reception division, image generation department, electronic document transmission department, electronic document transmission department, and electronic document deletion department, and sought prohibition on the production of the above system and destruction of the above server, the act of using the "Stop Account Opening Service System" does not constitute an unfair competition act under Article 2 subparagraph 1 (j) of the Unfair Competition Prevention and Trade Secret Protection Act, since Eul bank, etc. did not constitute Gap corporation's infringement of patent rights or unfair competition act under Article 2 subparagraph 1 (j) of the Unfair Competition Prevention and Trade Secret Protection Act.

In a case where: (a) Company A, a patentee of the patented invention “Remote Account Opening System”, which characterized the creation of an electronic document, electronic document transmission book, and deletion book, including a remote account brokerage book; (b) Company B, a bank, etc. using the “Unfaced Account Opening System”; and (c) Company B, etc. using the system and server, which is operated by Company B, etc. against the said financial institution, constitutes an unfair competition act under Article 2 subparag. 1(j) of the Unfair Competition Prevention and Trade Secret Protection Act because the said system’s production, etc. was infringed on Company A’s patented invention; and (c) Company B, which does not constitute an unfair competition act under Article 2 subparag. 1(j) of the Unfair Competition Prevention and Trade Secret Protection Act; and (d) Company B, a patent holder of the patented invention, including the aforementioned “Remote Account Opening System”; and (d) Company B, a non-faced Account Opening System, etc., did not appear to have been established by means of an electronic banking system’s technological cooperation with Company A’s financial server, and electronic document brokerage, etc.

Articles 97 and 126 of the Patent Act, Article 2 subparagraph 1 (j) and Article 4 of the Unfair Competition Prevention and Trade Secret Protection Act

[Defendant-Appellant] Plaintiff 1 and 3 others (Attorney Jeon Soo-chul, Counsel for defendant-appellant)

New Bank Co., Ltd. and one other (Law Firm Square, Attorneys Oh Jin-jin et al., Counsel for the plaintiff-appellant)

Seoul Central District Court Decision 2016Gahap519640 Decided November 18, 2016

September 13, 2017

1. The plaintiff's claims that the court changed in exchange for the defendants are all dismissed.

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

The judgment of the first instance is revoked. The Defendants shall not produce, use, transfer, lend, import, or subscribe for transfer or lease the “Nbank Service System” listed in the attached Table 1., and shall destroy the “Nbank server” listed in the attached Table 2.

(The plaintiff sought the prohibition of production, etc. of the "non-face-to-face verification service system" and the destruction of "non-face-to-face verification service system" in the first instance court, but this court tried to prohibit the production, etc. of the above NFC service system and to seek the destruction of the NFC server, and revised the purport of the claim in an exchange).

1. Basic facts

A. The plaintiff's patented invention (A) of this case

(i) Invention name: a system for opening a remote account;

2) Date of application/registration date/registration number: September 20, 2012 / July 30, 2014 (registration number 1 omitted)

3) Claims

[Claim 1] Paragraph 1 of this Article: Image receiver’s image received through an app for opening a remote account; video receiver’s image received in real time by an app for opening a remote account (hereinafter “class 1”); if the user’s face image included in the user’s face image received by a remote account reception book and the user’s face image received by the video reception book are identified as a result of the comparison of the user’s face image and the user’s face image received by the video reception book, and where an electronic document creation order is issued, the electronic document creation book automatically creating the electronic document for verifying the user’s identity and remote account opened in accordance with the unique regulation form of the financial company that opens a remote account (hereinafter “class 2”); if the electronic document and remote account opened by the electronic document creation book are notified from the financial server to the financial server; the electronic document transmission book that transmits the electronic document for verifying the person’s identification and the electronic document for opening the account; the features of the electronic document to delete the electronic document (hereinafter “Account 4”) including the remote account deletion component.

[Request 2] An electronic document creation unit that automatically produces electronic documents for identification and electronic documents for filing an application for remote account in accordance with the unique regulation form of a financial company that opens a remote account; an electronic document transmission unit that transmits an electronic document for identification and remote account creation to a financial company server; at the time of notification of the completion of opening of a remote account from a financial company server of the electronic document creation to a remote account; an electronic document transmission unit that transmits an electronic document for identification and an electronic document for filing an application for opening a remote account, including an electronic document for identification created by the electronic document creation book and an electronic document for filing an application for opening a remote account, consisting of a remote account brokerage server that removes the electronic document for identification and the electronic document for filing an application for opening a remote account generated by the electronic document book from the financial company server;

[Request 5] Deletion

[Request 8] In Paragraph 1 or 2, a remote account opening system characterized by the fact that the remote account opening system receives electronic documents for personal verification and electronic documents for application for the opening of a remote account from a broker for the opening of a remote account, and includes the remote account opening system, including the electronic documents for personal verification received and the bank server that processes accounts with respect to the users corresponding to the personal information contained in the electronic documents for application for the opening of a remote account.

(iv)main contents and main drawings;

본문내 포함된 표 ［１］ 기술분야 및 종래 기술의 문제점 이 사건 특허발명은 원격 계좌 개설 시스템에 관한 것이다. 종래의 직접 대면 방식의 계좌 계설은, 계좌를 개설할 사용자가 금융사를 방문하여 계좌 개설 담당자와 직접 대면한 상태에서 계좌 개설 상담 및 본인 확인이 행해지기 때문에, 계좌를 개설할 사용자가 금융사를 방문해야만 하는 불편함이 있었다. ［２］ 해결하고자 하는 과제 그러므로 사용자가 특정한 시간에 금융사가 위치한 특정의 장소에 방문하지 않고, 사용자가 소지한 이동통신 단말을 이용해 원격에서 간편하게 계좌를 개설함으로써 사용자 편의성을 향상시킬 수 있는 기술이 요구된다. 이 사건 특허발명은 사용자 이동통신 단말에 의해 실행되는 원격 계좌 개설용 앱과 금융사 서버들 간에 각 금융사별 본인 확인용 전자서류 및 원격 계좌 개설 신청용 전자서류를 중개하여 사용자가 특정한 시간에 특정의 장소에 위치한 금융사를 방문하지 않고, 사용자가 소지한 이동통신 단말을 이용해 원격에서 간편하게 계좌를 개설할 수 있는 원격 계좌 개설 시스템을 제공하는 것을 그 목적으로 한다. 또한 이 사건 특허발명의 다른 목적은 본인 확인용 전자서류 및 원격 계좌 개설 신청용 전자서류를 요구하는 금융사별로 각 금융사 고유의 규정 양식에 따른 본인 확인용 전자서류 및 원격 계좌 개설 신청용 전자서류를 자동 생성하여 제공함으로써 계좌 개설 업무를 자동화할 수 있는 원격 계좌 개설 시스템을 제공하는 것이다. ［３］ 과제해결수단 [도 1]에서 보는 바와 같이 이 사건 특허발명에 따른 원격 계좌 개설 시스템은 원격 계좌 개설 중개서버(100)(주1)와, 다수의 사용자 이동통신 단말(200)과, 다수의 금융사 서버(300)를 포함한다. 여기서 원격 계좌 개설 중개서버(100)는 사용자 이동통신 단말(200)에 의해 실행되는 원격 계좌 개설용 앱과 금융사 서버(300)들 간에 각 금융사별 본인 확인용 전자서류 및 원격 계좌 개설 신청용 전자서류를 중개하는 기능을 하는 것으로서, 사용자 이동통신 단말(200)에 의해 실행되는 원격 계좌 개설용 앱으로부터 전송되는 신분증 이미지 또는 신분증 이미지 영상에 포함된 사용자 얼굴 이미지와 실제 사용자 얼굴 영상 비교 결과 본인이라 확인되어 전자서류 생성 명령이 입력된 경우, 원격 계좌를 개설하는 금융사 고유의 규정 양식에 따른 본인 확인용 전자서류 및 원격 계좌 개설 신청용 전자서류를 자동 생성하여 해당 금융사 서버(300)로 제공한다. [도 2]에서 보는 바와 같이 이 사건 특허발명에 따른 원격 계좌 개설 중개서버(100)는 이미지 수신부(110a), 영상 수신부(120a), 전자서류 생성부(130a), 전자서류 전송부(140a)를 포함하여 이루어진다. 이때 이미지 수신부(110a)는 원격 계좌 개설용 앱에 의해 업로드되는 신분증 이미지를 수신하고, 영상 수신부(120a)는 원격 계좌 개설용 앱에 의해 실시간 스트리밍되는 사용자 얼굴 영상을 수신한다. 전자서류 생성부(130a)는 이미지 수신부(110a)에 의해 수신된 신분증 이미지에 포함된 사용자 얼굴 이미지와 영상 수신부(120a)에 의해 수신되는 사용자 얼굴 영상 비교 결과 본인이라 확인되어 전자서류 생성 명령이 입력된 경우, 원격 계좌를 개설하는 금융사 고유의 규정 양식에 따른 본인 확인용 전자서류 및 원격 계좌 개설 신청용 전자서류를 자동 생성한다. 전자서류 전송부(140a)는 전자서류 생성부(130a)에 의해 생성된 본인 확인용 전자서류 및 원격 계좌 개설 신청용 전자서류를 금융사 서버(300)로 전송한다. 전자서류 삭제부(170)는 금융사 서버(300)로부터 원격 계좌 개설 완료 통보 시 전자서류 생성부(130a)에 의해 생성된 본인 확인용 전자서류 및 원격 계좌 개설 신청용 전자서류를 삭제한다. 이는 본인 확인용 전자서류 및 원격 계좌 개설 신청용 전자서류는 금융사 서버에만 저장하면 되므로, 금융사 서버(300)의 원격 계좌 개설 완료 통보 시 전자서류 삭제부(170)를 통해 원격 계좌 개설 중개서버(100)에 저장된 본인 확인용 전자서류 및 원격 계좌 개설 신청용 전자서류를 삭제함으로써 개인정보를 보호할 수 있도록 한 것이다.

A person shall be appointed.

A person shall be appointed.

Note 1) Brokerageer (100)

B. The Defendants’ non-faced Account Opening Service System (Evidence A3, 6, 7)

1) On December 2, 2015, Defendant New Bank Co., Ltd. (hereinafter “Defendant New Bank”) began to open an account using a non-faced method for the first time in the Republic of Korea. The above service was conducted through the “non-faced Account Opening Service System” (hereinafter “Defendant New Bank System”) developed under the name “SPAS non-faceized Certification System” in the name of Defendant New Bank Co., Ltd. (hereinafter “Defendant New Bank”) and provided to Defendant New Bank and new Financial Group (hereinafter “Defendant”).

2) In addition, the Defendants’ system includes the business servers of Defendant New Bank, etc. that is linked with lub banks apps through the network with the “Nbank Scam” (hereinafter “Nbank App”) that is a shared mobile platform in which the user uses smartphones, etc., and its function blocks are as follows.

A person shall be appointed.

(c) Patent invention related to the defendant new bank (No. 5 certificate);

(i) Name of the invention: the method and system of new transaction and processing using visual currencies, and recording media for such purpose;

(2) Date of application/registration date/registration number: November 13, 2008 / September 8, 2010 (registration number 2 omitted)

(iii)main contents and main drawings;

본문내 포함된 표 ［１］ 기술분야 및 종래 기술의 문제점 본 발명은 금융상품 가입과 계좌 개설과 같은 거래에 있어서, 영상통화를 이용한 신규 거래 처리 방법에 관한 것이다. 정보통신 기술의 지속적인 발전으로 종래 대면 인증을 기반으로 제공되던 창구 거래는 최근 온라인/무선을 이용한 비대면 거래 형태로 발전하였으나, 비대면 거래를 제공하기 위해서는 복잡한 비대면 인증 절차를 거쳐야만 하고, 관련 법령에 의하면 금융상품 가입 내지 계좌 개설과 같은 신규 거래 시 신규 고객은 금융기관 창구에 방문하여 대면 인증을 처리해야 한다. ［２］ 해결하고자 하는 과제 및 과제해결수단 본 발명의 목적은 고객 영상통화 단말을 통한 신규 거래 처리 시, 고객 영상통화 단말로부터 전송되는 고객영상 데이터로부터 고객 안면 이미지를 획득하는 고객 안면 이미지 획득수단, 신분증 이미지 획득수단, 금융사 영상통화 단말로부터 고객 안면 이미지(또는 신분증 이미지)에 대응하는 고객의 화상 인증정보가 입력되는지 확인하는 화상 인증수단 및 화상 인증정보가 입력되면 고객 안면 이미지와 신분증 이미지를 연계하여 고객원장에 저장하는 정보 저장수단을 포함하는 영상통화를 이용한 신규 거래 처리 시스템을 제공하는 데에 있다. 본 발명에 따른 금융사 서버(200)는 [도 2]와 같이 고객 영상통화 단말(625)과 금융사 영상통화 단말(260) 간 영상통화 채널이 연결된 상태에서, 영상통화를 이용한 신규 거래 처리 시 고객 영상통화 단말(625)로부터 전송되는 고객영상 데이터(또는 금융사 영상통화 단말(260) 화면으로 출력되는 고객영상 데이터)로부터 고객 안면 이미지를 획득하는 고객 안면 이미지 획득부(230)(또는 고객 안면 이미지 획득수단)를 구비하여 이루어지는 것을 특징으로 한다. 고객 영상통화 단말(625)과 금융사 영상통화 단말(260) 간 영상통화 채널이 연결된 상태에서, 고객 영상통화 단말(625)을 통해 신규 거래가 요청되거나, 또는 금융사 영상통화 단말(260)에서 영상통화를 이용한 신규 거래 처리 명령이 입력되면, 고객 안면 이미지 획득부(230)는 고객 영상통화 단말(625)로부터 전송되는 고객영상 데이터(또는 금융사 영상통화 단말(260) 화면으로 출력되는 고객영상 데이터)로부터 고객 안면 이미지를 획득한다. 고객 영상통화 단말(625)의 영상통화 화면에 신분증 촬영 영역 인터페이스가 투명화하여 출력된 후, 고객 영상통화 단말(625)로부터 신분증 촬영 영역 인터페이스를 통해 신분증 가로/세로 방향이 정렬되고 인식 가능한 범위에서 촬영된 신분증 이미지(예컨대, 신분증 전면 이미지, 신분증 후면 이미지, 고객사진 확대 이미지, 지문 확대 이미지)가 전송되면, 신분증 이미지 수신부(235)는 신분증 촬영영역 인터페이스를 통해 촬영된 하나 이상의 신분증 이미지를 수신하여 영상통화를 이용한 신규 거래 처리를 위한 화상 인증에 사용될 신분증 이미지를 획득한다. 고객 안면 이미지 획득부(230)를 통해 신규 고객의 고객 안면 이미지가 획득되고, 신분증 이미지 획득부를 통해 신분증 이미지가 획득되면, 인터페이스 출력부(225)는 고객 안면 이미지와 신분증 이미지를 금융사 영상통화 단말 화면에 출력하고, 금융사 영상통화 단말(260)에서 고객 안면 이미지와 신분증 이미지를 통해 고객을 화상 인증하는 화상 인증정보를 입력하는 화상 인증 인터페이스를 금융사 영상통화 단말(260)로 출력시킨다. 고객 영상통화 단말(625)에서 신규 거래정보 입력 인터페이스를 통해 신규 거래정보를 입력하여 전송하면, 정보 수신부(220)는 신규 거래정보 입력 인터페이스를 통해 입력된 신규 거래정보를 수신한다. 고객 영상통화 단말(625)로부터 신규 거래정보가 수신되면, 신규 거래 처리부(255)는 금융시스템상의 고객원장 및 금융상품 가입 내지 계좌 개설에 대응하는 각종 원장에 신규 거래정보에 대응하는 정보를 저장함으로써, 수신된 신규 거래정보에 대응하는 신규 거래(예컨대, 금융상품 가입, 계좌 개설)를 처리하며, 정보 전송부(215)는 인터페이스부(210)를 통해 신규 거래결과 정보를 고객 영상통화 단말(625)로 전송한다.

A person shall be appointed.

2. Summary of the plaintiff's assertion

A. For the following reasons, the “Nbank Service System” as stated in the attached Table 1 No. 1 (hereinafter “Nbank System”) and “Nbank server” as stated in Articles 2 and 2 (hereinafter “Nbank server”) among the instant patented inventions constitute an unfair competition act under Article 2 subparag. 1 (j) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “The Unfair Competition Prevention Act”).

1) Of the instant patented invention claims, the term “recepter” in 1, 2, and 8 should be interpreted to include not only the case of linking a number of different financial companies servers, but also the case of establishing and connecting a single financial company server at the same place as a single financial company server, and also the case of providing a non-faced account opening service in collaboration with the financial company server that carries out the registration and management of existing data to be opened.

The defendants' system is identical to the NFC system, and in accordance with the interpretation of the above claims, it shall be deemed that it belongs to the scope of protection of claims 1, 2, and 8.

2) In addition, the Plaintiff started the development of the solution to open a non-face account using smartphones in the latter part of the year 2009 and started to launch approximately KRW 580 million of total development costs for more than four years, and started to launch online account opening services through smartphones around January 16, 2015.

However, Defendant New Bank, instead of purchasing the above service system from the Plaintiff, is using the technical data obtained in the process of demonstration and business consultation three times from May 17, 2015 to June 14, 2015, for Defendant New Bank’s non-faced account opening service on December 2, 2015, by having Defendant Data Services, an affiliate, develop the NFC system.

The Defendants’ act constitutes an unfair competition act under Article 2 subparag. 1 (j) of the Unfair Competition Prevention Act, which infringes on economic interests by using the Plaintiff’s outcomes, etc. made by considerable investment or effort for his own business without permission.

B. Therefore, the Defendants may not produce, use, transfer, lend, import, or subscribe for the transfer or lease of the nibank system pursuant to Article 126(1) of the Patent Act or Article 4(1) of the Unfair Competition Prevention Act upon the Plaintiff’s request that the court changed in exchange, and have the duty to destroy the nibank server, which is part of the elements of the nibank system.

3. Determination as to the infringement of a patent right

A. Interpretation of the scope of the instant patent invention’s claim against “a broker or intermediary who opens a remote account”

1) Relevant legal principles

Inasmuch as a patent applicant’s claim contains a description that the patent applicant intends to obtain a patent application, determination of the invention subject to a new and advanced determination shall be based on the descriptions of the claims, and it is not allowed to limit or expand the claims under other descriptions, such as the description or drawings of the invention.

However, matters stated in the claims can accurately understand the technical meaning of the invention by taking into account the description or drawing of the invention. Thus, the matters stated in the claims should be based on the general meaning of the text, but should be objectively and reasonably interpreted after considering the technical significance of the invention to express by the text, taking into account the description, drawing, etc. of the invention.

2) Specific review

However, among the patented invention of this case, the term “cyber account brokerage server” in 1, 2, and 8 includes cases where the patented invention of this case was installed at the same place as the financial company server, but even where the same is linked to a single financial company server, the composition of the provision of a non-faced account opening service in collaboration with the financial company server is insufficient, and it should be interpreted that the transmission of electronic documents and the deletion of electronic documents are included in another financial company server.

A) First, according to the specification (Evidence A) of the instant patent invention, a broker for opening a remote account of claims 1, 2, and 8 among the instant patent inventions is not limited to those linked to the financial company server and each other’s financial company server installed at a place different from the financial company server. On the other hand, “Severver” is a hub that provides a summary processing function in the base network (LN), and generally reads the computer hardware server in which the server is being operated, and refers to a computer program that provides other programs (Evidence 11).

In light of the general meaning of the terms of description and server, claims 1, 2, and 8 do not mean only a separate server outside of a financial company, but also includes a server that can perform the function of opening a remote account even if it is installed at the same place as a financial company server.

B) In addition, Claim 1, 2, and 8 includes “electronic document transmission book” transmitting the electronic documents for identification and the electronic documents for application for the opening of a remote account from the financial company server to the financial company server and “electronic document deletion book” eliminating the electronic documents when notifying the completion of the opening of a remote account from the financial company server. As a result, in the instant patent invention, it is insufficient for the instant document transmission department to simply confirm the receipt of the documents transmitted to delete the electronic documents, and there is no special notification as to the completion of the opening of a remote account from the financial company server.

Therefore, it is difficult to view that the remote account opening intermediary for claims 1, 2, and 8, including the electronic document transmission division and the electronic document deletion division, provided the non-face-to-face account opening service and that the financial company server simply cooperates with the organization of the electronic document transmission division or the normal file management system for the data base management.

C) Furthermore, the specification of the instant patent invention contains the following relevant provisions as to the purpose of the instant patent invention. To achieve this purpose, each financial company must, as a matter of course, forward electronic documents and electronic documents for application for opening a remote account to another financial company server to perform the function of opening a remote account, and adopt the elements of deletion.

The purpose of the patented invention in this case is to mediate the electronic documents for identification of each financial company and the electronic documents for application for the opening of a remote account between the app and the financial company server operated by the end of the user's mobile communications, and not to visit the financial company located at a specific place at a specific time by the user, and to provide a remote account opened in a remote manner by using the mobile communication short message possessed by the user so that the user can open an account easily from a remote point of time.

B. Whether the identity of the Defendants’ system and the Nbank system is recognized

1) Specific review

However, for the following reasons, the Defendants’ system cannot be deemed as identical to the lub bank system. Accordingly, the Defendants cannot be deemed to have infringed upon claims 1, 2, and 8 of the patented invention of this case among the patented inventions of this case.

A) A specific rbank server of the Plaintiff includes image reception records, video reception records, electronic document creation records for personal verification, electronic document creation records for application for the establishment of a remote account, document transmission records, and document deletion records, as shown in attached Table 2.

B) However, according to the explanation materials on the Defendants’ system submitted by the Defendants (Evidence 7), the Defendants’ “information for new customer and new account” under the Defendants’ system, which falls under the “electronic documents for identification and electronic documents for filing an application for the opening of a remote account” of the said system, as stated in the following corresponding parts, is generated by a bank AP server in charge of creating new customer and new account from the Defendants’ system. Therefore, it is unnecessary to transmit information for new customer and new account to a separate financial company server.

3. 3.16-18 of the card No. 7 contained in the main text. The above block No. 5) - The new account No. 16-18(b) - The new account No. 16-18(b) - The new account No. 5 of the Account Book No. 7, the Account Book DBer Bank (face, Non-face) shall perform the core work, such as the creation of new accounts and the handling of entry and departure from all channels (face, Non-face) generated from all channels (face, No. 7). The data explaining data route - No. 1) Non-face No. 7, the data explaining data No. 22-5(3) will be non-face No. 1), and the new account No. 16-18(b) of the Table No. 7 included in the main text - the data No. 1 shall be notified, and the new account No. 1) account No. - The Account No. 1 shall be sent from the Account No. 2 electronic Financial , and the new customer Information No. -BBB, which will be kept in the account. -the Account.

C) In addition, the above account holder cannot be deemed as a financial company server because it does not merely manage DB as a server that merely manages DB, or does not have any function to notify the completion of opening of a new account.

D) Therefore, the Defendants’ system does not include the technical composition of the documents transmission division and the document deletion division, which are the essential elements of the Lbank system, and thus does not coincide with the Lbank system.

2) Determination on this part of the Plaintiff’s assertion

A) As to the assertion that the composition for the intermediary function is included

First of all, the Plaintiff asserts that the instant system includes the organization for the function of opening a remote account with other financial companies servers, but it cannot be accepted for the following reasons.

① According to the evidence evidence No. 18, it is recognized that the user’s device that intends to use the new financial investment service communicates with the Defendants’ system established by the Defendant New Bank. However, only on the sole basis of the evidence No. 18, it is difficult to grasp the detailed content of the package sheet exchanged between the user’s device that intends to use the small amount of non-face-to-face account opening service and the Defendants’ system established by the Defendant New Bank.

② In addition, in the process of opening a securities account of a new financial investment through a Lbank App, when a person selects a securities account and a non-face real name verification method, when a person selects a video account for the purpose of non-face-to-face verification. Upon completing the opening of a securities account, he/she receives and receives a new financial investment server and a plaque when entering information for the opening of a securities account (6-8 pages of evidence No. 18), but all these are not related to the composition of a new financial investment server or claim No. 1,2, and 8).

③ Rather, according to the statement in the evidence No. 8, the user’s terminal that intends to use the new bank account opening service and the Defendants’ system established by the Defendant New Bank appears to have extended the user’s file and the route of the Plaintiff’s system. However, it is reasonable to view that there is no relationship between the Plaintiff’s new account opening service and the new account for the purpose of extending the user’s file and the route.

④ Therefore, the Defendants’ system established by the Defendant New Bank cannot be deemed as having a mediation function that is also involved in the establishment of a new financial investment account, and there is no other obvious evidence to prove otherwise.

B) As to the assertion that the electronic document transmission book and deletion book are included

Next, the Plaintiff’s system constitutes the financial company server of the instant patent invention or of the electronic financial company system. The Plaintiff’s final storage of identification cards, images, video information, customers, and new accounts, respectively, on the premise that all of the above information is deleted. As such, the Defendants’ system also dispute to the purport that the aforementioned information contains the same composition as the electronic document transmission book and deletion book. However, the above assertion is rejected for the following reasons.

① First, among the information stored in the above servers of the Defendants’ systems, the image or video information of the identification card cannot be deemed an electronic document that conforms to the unique regulatory form of the financial company. Only the new customer and new information for the bank account created by the Account Book AP server is deemed to constitute “electronic documents for personal verification and electronic documents for application for remote account opening.”

② As seen earlier, the structure of creating new information for customers and new accounts in the Account Book AP server and transmitting such information to the Account Book DB server is merely the organization of providing non-face-to-face account opening services in collaboration with each server, and the storage of information in the Account Book DB server is merely the organization of managing files. There is no other function of notifying the completion of opening of a new account in each of the above server. Thus, it cannot be said that the above server includes electronic document transmission and electronic document deletion for mediating opening of a remote account in another Financial Company.

(c) arranging the results of the review;

In full view of the foregoing, the Defendants’ system cannot be deemed the same as the NFC system. Of the instant patented inventions, there is a lack of the composition corresponding to the electronic document transmission book, the electronic document deletion book, and the remote account opening brokerage book, which correspond to the claims 1, 2, and 8 elements 3 and 4 among the instant patented inventions.

Therefore, the Defendants’ system cannot be deemed to fall under the scope of protection of claims 1, 2, and 8, and thus, it cannot be deemed that the Defendants infringed claims 1, 2, and 8. Therefore, it cannot be deemed that the Defendants infringed the Plaintiff’s patent right.

4. Determination as to whether an act of unfair competition was recognized

A. Relevant legal principles

Article 2 subparagraph 1 (j) of the Unfair Competition Prevention Act was introduced in the amendment of the Unfair Competition Prevention Act by Act No. 11963 on July 30, 2013. In order to properly respond to new and diverse types of unfair competition acts due to technology change, it is newly established as a supplementary provision for the existing limited and heating methods to expand the coverage scope of the Unfair Competition Prevention Act for new and diverse types of unfair competition acts.

In light of the developments leading up to the establishment of Article 2 subparag. 1 (j) of the Unfair Competition Prevention Act and the relationship with all the intellectual property laws, other person’s performance not protected by the Intellectual Property Rights Act can be freely copied and used even if it has property value. However, in exceptional cases where there exists “special circumstances” that cannot be justified in light of fair trade order and free competition order with respect to the reproduction or use of another person’s performance, such reproduction or use should not be permitted.

As above, in order to constitute an unfair competition act under Article 2 subparag. 1(j) of the Unfair Competition Prevention Act due to exceptional circumstances where it cannot be justified in light of the fair trade order and free competition order, it shall be deemed significantly unfair in trade practice by comprehensively taking into account the following: (a) the progress of the user’s performance reproduction or use; (b) the purpose or intent of the user; (c) the method or degree of use; (d) the time interval between the use; (e) the acquisition process of another’s outcomes; and

Such type of act is not an illegal means such as theft, acquiring another person's performance or idea or imitateing it in a form that significantly goes against the good faith principle or contractual obligations with the preceding one, or good faith principle, but an intentional interference with the business of a competitor or using another's outcome solely for the purpose of selling it as salt in the competitive zone or causing damage to a salt price in the competitive zone, and a reproduction that does not add one's own creative elements on the basis of another's performance (e.g., reproducing) but most of the creative elements of the imitates do not lead to almost little creative elements of the imitates as they are.

B. Specific review

However, for the following reasons, the Defendants’ system cannot be deemed as an unfair competition act that infringes on the Plaintiff’s economic interests by using the outcomes made by the Plaintiff’s considerable investment and effort for the Defendants’ business in a manner contrary to fair commercial practices or competition order.

1) First of all, the video call server, which received an identification image from the Defendants’ system and provides the film for video counseling to the Counseling Institute, seems to be substantially identical to the means of connecting the video call channel and the image of the identification card to the following claims among the patented inventions related to the Defendant Newcom Bank (Evidence B 12).

The phrase in the text [Request 4] The connection means of image channel connecting the channel between the end of the customer’s image call and the end of the financial company’s image call terminal; the means of obtaining the image from the customer’s image data (or the customer’s image data printed out on the end of the financial company’s image screen) transmitted from the end of the customer’s image call at the end of the new transaction via the end of the customer’s image call; the area of identification cards is short of the customer’s image, and the method of processing information to print out the screen in the transparent identification area of the video call screen at the end of the said customer’s image call; the means of obtaining the identity card, including the identification card and the identification card, if any, to the extent possible to the extent possible; the identification card and the identification card of the customer’s image; the means of obtaining the identification card, including the identification card, if any, to the extent possible;

In addition, when the defendants system completes the real name verification, the composition of customer information necessary for opening a bank account and storing it as new and new information for the customer's new account to DB server in the account system is substantially the same as the video authentication method in the claim 4 and the information storage method stored in the customer ledger among the patented invention related to the defendant new bank.

Therefore, the Defendants system seems to include the technical characteristics of the patented invention related to the Defendant New Bank.

2) On May 7, 2015, the Plaintiff distributed explanatory materials (Evidence A9-1, 2, and 10-10) regarding the content and order of use of online account opening service through smartphones developed by the Plaintiff to the participants at the seminars held in the Defendant Seaa system, and the composition of financial institutions’ hardware, etc. (Evidence A9-1, 2, and 10).

In addition, on June 2, 2015, the content was disclosed to the Internet News (No. 12) and the article presented the following work composition.

A person shall be appointed.

Therefore, even if the Defendants’ system used the Plaintiff’s “joint sports”, it is difficult to view such use as an act unreasonable in light of the fair trade order and free competition order, taking into account the fact that the data was disclosed to the public through seminars data or Internet articles.

(c) arranging the results of the review;

In full view of the foregoing, the Defendants’ act using the Defendants’ system cannot be deemed to constitute an unfair competition act under Article 2 subparag. 1 (j) of the Unfair Competition Prevention Act.

5. Conclusion

Therefore, the Plaintiff’s claim against the Defendants, which was changed in exchange in this court, was based on the premise that the Defendants’ use of the Defendants’ system constitutes patent infringement or unfair competition, and therefore, it is without merit, and all of them are dismissed without further review as to the remainder (attached Form 1, the former judgment of the first instance, which was the lawsuit, was withdrawn due to the change of exchange of lawsuits conducted in this court, and the judgment of the first instance was invalidated).

[Attachment] List: omitted

Judge Lee Jong-hee (Presiding Judge) (Presiding Judge)

Note 1) The number or English person in the overall title means the code of the principal drawing of the instant patent invention; hereinafter the instant and the relevant parts of the relevant patent invention shall be indicated in the same manner.

2) In particular, the fact that the user’s new financial investment server communicates with the user’s new financial investment server when entering information for opening a securities account would be contrary to the Plaintiff’s assertion that the Defendant’s new financial investment server mediates the communications between the user’s and the new financial investment server.