The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged shall not be engaged in an act of unfair competition by using signs identical or similar to another person's name, trade name, trademark, or container or package of goods, or any other mark indicating another person's goods, which is widely known in the Republic of Korea, or by selling, distributing, importing, or exporting goods using such signs to cause confusion with another person

Nevertheless, from December 2008 to March 2013, the Defendant: (a) packaged the entire capital portion produced by the Defendant from G located in Gyeonggi-si, Gyeonggi-do; and (b) produced and sold the average of 100 parts of the average monthly reduction of capital by using the distribution unit on which the Defendant’s trademark and design registration was domestically widely recognized as having been granted to the Korean Intellectual Property Office by the injured Party HH Co., Ltd. (hereinafter “J”) was printed.

Accordingly, the defendant used the same product as the mark indicating others' goods, and committed an unfair competition act by selling it.

2. Determination

A. According to each evidence duly admitted and investigated, the fact that the victim created and used the trademark of this case from around 2000 to around 2005, and the defendant supplied the victim with goods bearing the trademark of this case using subsidiary materials, such as raw materials and packaging supplied by the victim pursuant to the contract of clinical processing concluded with the victim from around 2002 to 2005, and the fact that the defendant used the trademark of this case as stated in the facts charged even after the termination of the contract of clinical processing with the victim is recognized.

B. However, the witness K, who was in charge of transporting goods to G as the cargo of the victim from around 2003 to around 2005, is the victim's representative director at this Court until the termination of the clinical processing contract between the defendant and the victim.