The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. On February 22, 2016, the Plaintiff: (a) was granted the Japanese “F Company” from the German “C Company’s exclusive sales right to the Plaintiff’s products in the East Asian State; and (b) the Plaintiff entered into a domestic sales agency contract with the Japanese “F Company” on March 21, 2018, and was granted the domestic exclusive sales right to the Plaintiff’s products by entering into the domestic sales agency contract with the Japanese “D”); and (c) the Plaintiff was granted the domestic exclusive sales right to the Plaintiff’s products.

The defendant sells products listed in the separate sheet in the name of "E" (hereinafter referred to as "Defendant products").

The photographs, forms and specifications of each product shall be as follows:

Plaintiff

Defendant Products [Grounds for Recognition] A. 1-6 Evidence, the purport of the entire pleadings

2. The parties' assertion

A. On March 21, 2018, the gist of the Plaintiff’s assertion was to acquire the Plaintiff’s exclusive sales right in the Republic of Korea.

The Defendant sold the Defendant’s product that imitates the form of the Plaintiff’s product, which constitutes an unfair competition act under Article 2 subparag. 1(i) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”).

The Defendant shall not manufacture, use, sell, transfer, lend, import, distribute, or exhibit the Defendant’s product. All finished products and semi-finished products kept in the Defendant’s office, place of business, factory and warehouse and facilities used in the production of the product shall be discarded, and KRW 10 million shall be paid to the Plaintiff as part of the damages compensation.

B. The summary of the defendant's argument that the defendant imitated the shape of the plaintiff's product

Even if the Plaintiff’s product was first manufactured by German writers on February 2001, the Plaintiff’s product does not constitute an unfair competition act under Article 2 subparag. 1(i) proviso (i) of the Unfair Competition Prevention Act after three years from the date on which the Plaintiff’s product was manufactured in the form of goods in a foreign country (production of a prototype).

3. Determination

(a) relevant provisions (Article 2 of the Unfair Competition Prevention Act);

1. The term "act of unfair competition" means any of the following acts: