The defendant shall be innocent.

1. The Defendant is a person who operates clothing sales stores in Gwangjin-gu Seoul Special Metropolitan City.

No one shall cause confusion with another person's business facilities or activities by using any one identical or similar to the name, trade name, or emblem of another person or any other mark indicating another person's business, which is widely known in the Republic of Korea.

Nevertheless, from early November 2013 to August 22, 2014, the Defendant merely imported and sold the victim’s “D” products in parallel at the above sales store. However, on the front signboard, the Defendant entered the “E” where the victim has a trademark right, and advertised the “G”, which is the Korean sound of the “F” where the victim has a trademark right, on the side signboard of the store, thereby causing consumers to confuse the victim’s business facilities or activities and the store of the Defendant.

Accordingly, the defendant committed an unfair competitive act.

2. According to the evidence submitted by the defendant, such as the police interrogation protocol, trademark register, external photographs of the defendant's shop, etc., it is recognized that "D" is a trademark right holder of "E" and "F" as to clothes, shoess, etc., and that the defendant, as stated in the facts charged, concurrently imported and sold products of the above trademark right holder and sold them, "E" is written on the signboard installed on the front of the above, and "G" is written on the signboard installed on the upper part of the wall surface of the store building.

However, according to the records, the above front signboard, as shown in the attached photo, includes not only the above phrase, but also the phrase “H”, “I”, “J”, and the above wall signboards also contain the phrase “K immediately below the above phrase,” “H appears to be the trade name of the above compilation store,” “J” refers not to the original mark related to the above trademark right holder, but to the clothes of high-priced or similar materials.