1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation concerning this part of the underlying facts is that of the pertinent part of the reasoning of the judgment of the court of first instance, and such reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion (1) since April 2010, the Plaintiff developed the Plaintiff’s product and supplied it to the National Police Agency through the public tender by the Public Procurement Service. In 2012, the Defendant manufactured and supplied the product identical to the Defendant’s product, including the product and shape, shape, color, luminous, size, and small portion of the product design developed by the Plaintiff. The Defendant’s aforementioned act is a person under Article 2 subparag. 1 of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”).

(j) An act of unfair competition (an act of transferring goods that imitate the form of goods produced by another person) as provided for in items (i) and (j) of the same subparagraph even if it is not so, constitutes an act of unfair competition (an act of infringing on the economic interest of another person by using the outcome, etc. achieved by considerable investment or effort of another person for his/her business without permission in a manner contrary to fair commercial practices

(2) In addition, the instant unfair competition act was supplied by the Defendant to the National Police Agency, and the person whose business profit was infringed due to the unfair competition act under the Unfair Competition Prevention Act is presumed to have a causal relationship with the damage, so the Defendant is obligated to compensate the Plaintiff for the damage incurred by the Plaintiff due to the said unfair competition act (total quantity of the products 19,658 (Opening) x 5,232 (wons) x 12,432 (unit price supplied by the Defendant) - 7,200 won (Plaintiff as an applicant)).

Accordingly, the payment of KRW 100,000 among them shall be sought.

B. (1) Article 2 subparagraph 1 of the Unfair Competition Prevention Act

According to the evidence, prior to the determination of the argument, the defendant is a fire extinguishing machine tender conducted by the Public Procurement Service on September 2012.