Unfair Competition Prospectus Distribution Address Request Denial

In a dispute concerning unfair competition, an applicant sought an interim measure to prohibit the distribution of a prospectus and requested the addresses of the recipients, claiming this was necessary to assess the scope of the alleged illegality and to rectify the content with the recipients beforehand. The court ruled that the purpose of a precautionary evidentiary measure under Article 14 of the Unfair Competition Act in conjunction with Article 28c(2)(2) of the Civil Code is to prevent loss of evidence due to time-related disadvantages, not to pre-litigationally correct the allegedly unlawful content of a prospectus with the addressees. Since the applicant failed to demonstrate the urgency of obtaining the addresses or that they would otherwise be destroyed, and since such an address request amounted to an inadmissible pre-litigation document production without a proven entitlement, the request for the addresses was denied.