1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 22, 2016, the Plaintiff, a company established on July 22, 2016, and engaged in plastic product manufacturing business, plastic product wholesale and retail business, disposable product manufacturing and wholesale retail business, and manufactured and sold the instant instant cup, in the name of “B”, in which two beverages can be contained in the instant cup.

(hereinafter “Plaintiff’s Product”). The appearance and method of use of Plaintiff’s Product are as follows:

- - Plaintiff Products -

B. The Defendant also manufactures and sells two beverages in the name of “Turped World Cup”. The two beverages are manufactured and sold by the Defendant.

(hereinafter “Defendant’s product”). The form of Defendant’s product is the same as the right side.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 to 5, and the purport of the whole pleadings

2. The plaintiff's product, the cause of the plaintiff's claim, made two partitionss in which disposable containers can contain beverages by dividing them into one half, and the well lids of cupped cups also divided into two sections, such as cupped cups, and then can drink beverages by sticking the other lids as soon as possible on both sides, so two people can drink beverages by dividing them in a sanitary way, and the shape of a lid which can combine them into the opening part on the upper part of the space of divided cups.

However, without the consent of the plaintiff, the defendant manufactures and sells the defendant's product which imitates the product form of the plaintiff's product as it is.

The Defendant’s act constitutes one of the unfair competition acts under Article 2 subparag. 1 (i) of the Unfair Competition Prevention Act (hereinafter “Unfair Competition Prevention Act”).

② In addition, the Plaintiff’s product constitutes a result made by the Plaintiff’s considerable investment and effort, and the Defendant violated the Plaintiff’s economic interest by using it without permission for the Defendant’s business in a manner contrary to fair commercial practices or competition order. Thus, Article 2 subparag. 1 (j) of the Unfair Competition Prevention Act is stipulated