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(영문) 서울중앙지방법원 2016.12.16 2015가합544267
손해배상(기)
Text

1. The defendant shall produce, use, transfer, lend, import, or transfer, or transfer each product listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. The Plaintiff, with the trade name “B”, manufactures and sells the Plaintiff’s product column on the part of the Plaintiff’s product column of the [Attachment 2] column of the [Attachment 2], which is a groman sand, from April 2014.

B. The Defendant, established on May 28, 2008 and engaged in brand shoes, clothes, bags, and wholesale and retail business of sports goods, etc., from April 2015 to April 1, 2015, each new launch listed in the separate sheet in the separate sheet in the separate sheet in the separate sheet in the separate sheet 1 (hereinafter collectively referred to as “Defendant product”), and, when individually, manufactures and sells the product listed in the separate sheet 1 in the separate sheet 1 in the separate sheet 1 and the product listed in paragraph 2 in the separate sheet 1 list in the separate sheet 2.

[Ground of recognition] Facts without dispute, Gap 2 through 9 evidence, Gap 11 through 15 evidence, Eul 4 evidence (each number is included; hereinafter the same shall apply) or video, and the purport of the whole pleadings

2. The plaintiff's assertion manufactures and sells the defendant's product which imitates the product form of the plaintiff's product. This constitutes an act of reproducing the product form under Article 2 subparagraph 1 (i) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "Unfair Competition Prevention Act"), which constitutes an act of unfair competition or a tort under Article 750 of the Civil Act

Accordingly, the Plaintiff asserts the above cause of the claim selectively, and sought against the Defendant the prohibition of unfair competition and the disposal of goods and damages therefrom, such as the written claim of the claim.

3. Determination as to the assertion of unfair competitive acts

A. Article 2 Subparag. 1 of the Unfair Competition Prevention Act (i) provides that the act of copying the form of goods produced by another person as a type of unfair competition shall be transferred or lent, or exhibited for that purpose, or imported or exported. Here, the term “absoring” is practically based on the form of goods of another person.

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