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[1] Whether an act to use the product of significant effort and investment made by a competitor without permission, for one's own business and in a manner contrary to business ethics or the order of fair competition, and through this to gain unjust profit by taking advantage of the effort and investment of the competitor and infringe the competitor's interest legally entitled to protection, is an act of unfair competition which constitutes a tort under civil law (affirmative), and the circumstances under which prohibition or prevention of such a tort can be claimed
[2] In a case where Company A provided Internet users with an Internet- based advertising system program which substitutes or inserts ads placed by Company A in the place of ads by Company B when a user who has installed this program visits the Internet portal site run by Company B, the holding that the above advertising act by Company A is an act of unfair competition which constitutes a tort under civil law, and that the order by the court below was just to rule that Company B's claim against Company A, for the prohibition or prevention of advertising acts using the above program, is vindicated in its right to be preserved and its need for preservation
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