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(영문) 서울중앙지방법원 2016.10.21 2016가합502154
손해배상(기)
Text

1. The Defendant’s payment of KRW 170,00,000 to the Plaintiff is 5% per annum from September 1, 2015 to October 21, 2016.

Reasons

1. Basic facts

A. The relevant plaintiffs, the defendant, and the non-party C are selling and constructing DNA products in competition with each other.

B. The Defendant’s unfair competition act 1) from the beginning of August 2013 to August 31, 2015, the Defendant does not use the “DOP” of chemical additives, which is the main cause of environmental hedmons, in the Internet homepage and Internet home shopping site, B. The “DP” in the LG/L chemical direct management store for the materials containing “DOP” (GL300). The LG/L chemical direct management store produces “D sets”. The characteristics of products used in bathing rooms and indoor and indoors, which are proved as the result of testing at the Korea Chemical Convergence Examination Institute (KTR), which is reliable that they directly contact the skin of children and children, are toxic materials entirely harmful to the human body, and published false advertisements that mislead any misunderstanding about the quality, content, and manufacturing method of the goods “environmental Hedmon B” (hereinafter “instant unfair competition act”).

(2) The Defendant, from the beginning of August 2013 to August 31, 2015, by deceiving consumers due to the instant unfair competition act, sold 135,093 sets up KRW 3,783,096,840 through Internet online shopping mall, etc. (hereinafter “instant sets”).

C. On November 23, 2015, the prosecutor charged Nonparty E, who was the representative director of the Defendant and the Defendant, with the charge of violating Articles 18(3)1 and 2 subparag. 1(f) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”) due to the instant unfair competition act, the prosecutor convicted him/her of the instant unfair competition act on August 18, 2016.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 3, 8, 10 through 13, 15 through 17, and the purport of the whole pleadings.

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