1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. The reasons for this part of the facts of recognition are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, and this part of the reasoning of the judgment of the court of first instance is cited by the court.

2. The plaintiff company's assertion

A. Defendant C, its representative, renounced all rights related to G on March 25, 2014 or August 7, 2014, and was well aware of the absence of such rights. However, on January 2016, in order to interfere with Plaintiff C’s I’s business, Defendant C, who is an exclusive right to manufacture and sell G, made a false assertion that the Defendant Company is taking advantage of the exclusive right to manufacture and sell G and executed provisional seizure against the Plaintiff Company, and filed a lawsuit seeking the prohibition of the I’s sale and compensation for damages, but the judgment was subsequently rendered final and conclusive.

B. In the above legal dispute process, Defendant C spreads a false question that “the Plaintiff Company I was manufactured by infringing the Defendant Company’s trade secrets and thus taking measures to suspend sales at any time,” and committed various illegal acts that interfere with the Plaintiff Company I’s business by preventing sales agents from trading.

C. The Plaintiff Company suffered property damage of KRW 104,467,820 in total (=damage 58,927,820 due to the return of I sold to the Plaintiff Company (N) which is a business partner) due to the Defendants’ unlawful attachment, lawsuit, and false spread of written statements and thus, the Plaintiff Company sustained KRW 45,540,00 due to the termination of the contract with the Plaintiff Company (P).

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff Company KRW 58,927,820 out of the above damages and damages for delay.

3. Determination

A. As to the assertion of unfair provisional seizure, the confirmation of whether the preserved right is actually existing, such as the relevant legal principles and provisional dispositions, shall be entrusted to the lawsuit on the merits, and it shall be based on the vindication.