1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On February 28, 2018, the Plaintiff is a product with a main point that added a small volume to the small volume in the small volume and improves the direction and massage, and helps the betting in the night room. Around February 28, 2018, the Plaintiff is running away “D” products (capacity: 40ml; hereinafter “Plaintiff products”).

B. From around 2016, the Defendant: (a) released and sold “E products (capacity: 1,000ml); (b) sold “F products” manufactured by selling “F products (capacity: 50ml; hereinafter “Defendant’s transferred products”) manufactured by reducing the volume thereof and using vinyl bed as containers; (c) from November 201, 2018, the Defendant released and sold the products “G products” manufactured by printing scrops in the form of small-scale disease and reducing the capacity thereof by 40ml. (hereinafter “Defendant products”).

C. The respective containers of the Plaintiff’s products, the Defendant’s transferred products, and the Defendant’s products are as follows:

Plaintiff

The facts that there is no dispute over the defendant's product transferred to the defendant (based on recognition), Gap's product Nos. 1, 6, and 7, Eul's evidence No. 22, video, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The gist of the Plaintiff’s assertion 1) The containers of the Plaintiff’s products are plastic sheeters in the form of small-type plastic sheet. The color was mainly used in yellow color, and the product name was printed on the upper right side, and the model photograph was printed on the lower right side, and the product name was recorded on the second or upper packing containing 10 containers, and the shape of the Plaintiff’s products was written in a manner of drinking C beverage on the subject. However, the containers and packages of the Defendant’s products also have the characteristics of the Plaintiff’s products. The Defendant uses widely recognized products identical or similar to the containers and packages of the Plaintiff’s products, causing confusion with the Plaintiff’s products, thereby causing confusion with the Plaintiff’s products (hereinafter “Unfair Competition Prevention Act”).

(A) The Defendant also committed an act of unfair competition under Article 2 subparag. 1 (a) (2).