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(영문) 서울중앙지방법원 2014.12.19 2014가합506039
부당한광고금지및손해배상청구
Text

1. The defendant has advertised its "Fur X501" products and the same kind of products.

Reasons

1. Basic facts

A. In around 2012, the Plaintiff: (a) released and sold Lein K Habrid (hereinafter “Plaintiff’s products”) a motor vehicle ioner product.

B. At around May 2012, the Defendant released the Defendant’s product “Furd X501” (hereinafter “Defendant’s product”). From June 1, 2012, the Defendant registered and sold the Defendant’s product in the Internet shopping mall, such as Auction, Gmarket, No. 11, and Annb. In explaining the Defendant’s product, the following advertisement (hereinafter “instant advertisement”) was inserted in the said Internet shopping mall.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 6, 11, and 12, the purport of the whole pleadings and arguments

2. The parties' assertion

A. The Plaintiff’s assertion 1) The “B” product referred to in the instant advertisement as “B” is referred to as the Plaintiff’s product, and the instant advertisement is referred to in the Act on Fair Labeling and Advertising (hereinafter “Indication and Advertising Act”).

(2) The advertisement of this case’s property damage constitutes an unfair advertisement under the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”) as well as an unfair advertisement under the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention and Trade Secret Protection Act”). Therefore, the Defendant is not obliged to display and advertise as stated in paragraph (1) of the claim while advertising the Defendant’s product and the same product as the Defendant’s product. In the event of violation, the Defendant is obligated to pay the Plaintiff KRW 5 million for one violation by indirect compulsory performance.

Article 2 subparag. 1 (f) constitutes an unfair competition act. The plaintiff suffered not only damages such as the decline in sales due to the advertisement of this case, but also damages to the property that paid advertising expenses, promotional expenses, employee education expenses, legal expenses, etc. in order to cope with the advertisement of this case. Thus, the defendant suffered from the defendant

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