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(영문) 서울중앙지방법원 2018.10.04 2017가합517382
특허권 등 침해금지 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established on April 29, 2014 and engaged in plastic shooting and sex-type business, metal machinery processing and manufacturing business, etc. Around January 2015, the Plaintiff, which was a company, attached to the front side of a vehicle in an emergency, warns the front side of the vehicle, warns the front side of the vehicle on the front side, and sells the front product of the signboard indicating the shape of the design of the painting (a model name: C; hereinafter “Plaintiff product”) to induce the safe operation of the vehicle, such as avoidance and slowly.

B. D, from May 1, 2014 to April 28, 2015, established the Defendant, a company engaging in the business of manufacturing traffic safety appliances, etc. on May 15, 2015 after withdrawal from office.

C. Around July 2015, the Defendant released and sold the Defendant’s Products in attached Form (hereinafter “Defendant Products”).

On the other hand, around October 2013, when the non-party corporation E was practically operated, D sent a sign of the ESD Round (the model name: G; hereinafter referred to as "first-class product") for automobiles developed by it to F.

E. Each form of the Plaintiff’s product, Defendant’s product, and prior product is as follows.

Plaintiff

【Ground of recognition】 The facts that there was no dispute, Gap’s No. 1, 2, 4, 5, 6, and Eul’s evidence No. 15, the video, and the purport of the whole pleadings

2. The plaintiff's assertion made and sold the defendant's product which imitates the form of the plaintiff's product, and such defendant's act constitutes an act of reproducing the form of the product under Article 2 subparagraph 1 (i) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter "Unfair Competition Prevention Act").

Therefore, the Defendant is obligated to take measures necessary for the prohibition and prevention of unfair competitive acts, and the Plaintiff is obligated to compensate the Plaintiff for KRW 20,000,000 as part of the damages incurred by the Plaintiff due to the Defendant’s unfair competitive act.

3. Determination

A. Article 2 subparagraph 1 (i) of the Unfair Competition Prevention Act is a type of unfair competition, which is produced by another person.

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