The judgment below

The part of the corrective order of Paragraph 1-B of attached Table 1 is reversed, and this part of this case is applied.

The grounds of appeal are examined.

1. The Act on Fair Labeling and Advertising (hereinafter referred to as the “Act on Fair Labeling and Advertising”) aims to prevent unfair labeling and advertising that may deceive or mislead consumers when labeling and advertising goods or services, and to promote provision of correct and useful information to consumers, thereby establishing a fair trade order and protecting consumers.

Accordingly, Article 3(1)1 of the Act on Fair Labeling and Advertising and Article 3(1)1 of the Enforcement Decree of the Act on Fair Labeling and Advertising (hereinafter “Enforcement Decree”) provides that “False or exaggerated advertisements” shall be categorized as one type of unfair labeling and advertising. Here, false or exaggerated advertisements refer to advertisements which are false or excessively exaggerated.

On the other hand, general consumers form the overall and extreme impression by considering not only the expressions presented by the sentences, words, designs, designs, designs, sounds or their combinations, but also the matters indirectly expressed in the advertisements, and customary and ordinary situations.

Therefore, whether the advertisement is likely to deceive or mislead consumers should be determined objectively on the basis of the total and stimulic increase that general consumers with common caution receive the advertisement.

(See Supreme Court Decisions 2011Du82 Decided June 14, 2013; 2016Du61242 Decided April 7, 2017, etc.). 2. According to the evidence duly admitted by the lower court, the following circumstances are revealed.

On March 12, 2015, the Plaintiff puts the photographs of various other products listed in the former part of the product, and puts the price on the bottom or side of each of the products. Among them, the phrase “R” written in red as “11” in red square, along with the picture of the product in question.