1. The Defendant’s KRW 5,00,000 as well as its related KRW 5% per annum from July 5, 2013 to September 4, 2014, and from September 5, 2014 to the Plaintiff.

1. Basic facts

A. The Plaintiff operates the Internet shopping mall for women’s clothes, “C (D),” and the Defendant operates the same kind of shopping mall as “E (F).”

B. The Plaintiff searched and collected a photograph of a foreign master, who appears to be well fluent on his/her own product, on the Internet, and took photographs by having the Plaintiff wear the relevant clothes product and take the same attitude as that of the overseas master on his/her photograph. After editing the image on this model’s photograph by combining the face of the overseas master, the Plaintiff posted the synthetic image produced by this method on the Internet shopping mall.

C. From September 2012 to May 2014, the Defendant: (a) supplied products identical or similar to the Plaintiff’s products sold from around September 2012, and sold them; and (b) copied or copied 150 to 200 synthetic images posted on the Plaintiff’s Internet shopping mall; and (c) posted them on the Defendant’s Internet shopping mall.

[Grounds for Recognition: Each of the descriptions set forth in Evidence A Nos. 1 and 16-1, 2, 4, 9, 10, 14, and 15 (including each number), and the purport of the whole pleadings]

2. Determination:

(a) Liability for damages caused by imitateing images, etc.: (1) An act of infringing upon a competitor's interests that are likely to benefit unfairly by taking advantage of his/her efforts and investment and by taking advantage of the competitor's efforts and investment for his/her own business in contravention of business ethics or fair competition order, which constitutes a tort under the Civil Act, as an act of unfair competition;

(see Supreme Court Order 2008Ma1541, Aug. 25, 2010). Whether the interest worthy of legal protection has been infringed has been infringed upon by copyright and other laws.