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(영문) 서울고등법원 2017.05.25 2017나2011078
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. From January 2014, the Plaintiff manufactured and sold a liveter product listed in the list (attached Form 1) from around January 2014, and registered the patent with the name “D” as to the Plaintiff’s product on March 17, 2015.

B. From December 2015, the Defendant sold a ushel product (attached Form 2) from around December 2015 (hereinafter “Defendant Product”).

[Recognition] Facts without dispute, Gap evidence Nos. 3, 4, and 5 (including additional number; hereinafter the same shall apply), and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that the Defendant manufactured and sold at a low price the instant product identical or similar to the Plaintiff’s product without permission, using the drawings or components of the instant product.

The defendant's act not only constitutes an unfair competition act under Article 2 subparagraph 1 (i) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "the Unfair Competition Prevention Act"), but also constitutes an unfair competition act under Article 2 subparagraph 1 (j) of the Unfair Competition Prevention Act, which infringes on the plaintiff's economic interest by using the result made by considerable investment and effort for one's own business without permission in a manner contrary to fair commercial practices or competition order, and it constitutes an unfair competition act under Article 2 subparagraph 1 (j) of the Unfair Competition Prevention Act.

Therefore, the Plaintiff seek reimbursement of KRW 50,000,000 as compensation for damages sustained by the Plaintiff due to the above act of the Defendant and damages for delay.

3. Whether it falls under subparagraph 1 (i) of Article 2 of the Unfair Competition Prevention Act;

A. Article 2 subparag. 1 (i) of the Unfair Competition Prevention Act provides that the act of transferring or lending, displaying, importing or exporting goods produced by another person as a type of unfair competition act.

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