2. The motion of the obligee shall be dismissed;

3. The total costs of the lawsuit shall be borne by the obligee.

1. Purport of request;

The debtor shall not manufacture, transfer, lease, or exhibit the miscellaneous losses as stated in the drawings and explanatory note in the attached Form 1 (hereinafter referred to as “miscellaneous losses”). The debtor shall not manufacture, transfer, lease, or exhibit the above articles produced by the debtor in a factory, office, warehouse, and other places. The debtor shall order the execution officer to hold possession of finished products, semi-finished products and their parts, packing containers and containers, advertising advertisements, and to keep them in custody delegated by the creditor. The execution officer shall publicly notify the purport of the above order in an appropriate manner.

2. Purport of appeal;

The first instance decision shall be revoked. The creditor's motion shall be dismissed.

The following facts are clear in records:

(1) The obligee asserted that Nonparty 1 and the obligor, and Nonparty 2 were likely to infringe on the obligee’s registered design right, and filed an application for provisional injunction against infringement on the right to design registration with the Seoul Central District Court 2009Kahap517 against them.

(2) On March 11, 2009, on the condition that the creditor deposit KRW 50 million with the joint guarantee for the non-party 1 corporation and the debtor, the above court held that the non-party 1 corporation shall not manufacture, sell, and shall not transfer, lease, or exhibit the above knobity (hereinafter “the non-party 2 knobity”). The debtor shall not transfer, lease, or exhibit the above knobity. The non-party 1 corporation shall hold possession of the finished product, semi-finished products and their parts and publicity materials, and packaging in the factory, office, warehouse, etc., and deliver it to the execution officer entrusted by the creditor. The execution officer shall make a provisional disposition (hereinafter “instant provisional disposition order”) that “the purport of the above order shall be made publicly by appropriate means.”

(3) In the same procedure of a provisional disposition 2009Kahap1044 following the debtor’s objection, the creditor asserts that the debtor manufactures and sells the part of the non-party 1 corporation, and the purport of the application is that “the debtor shall not manufacture, transfer, lease, or exhibit the first door loss. The debtor shall not make, transfer, lease, or exhibit the first door loss. The debtor shall modify the complete product of the above goods produced by the debtor and kept in the factory, office, warehouse, and any other place, half-finished products and their parts, packing and containers, containers and containers, and advertising advertisements, and order the execution officer entrusted by the creditor to take custody (the grounds for the application also changed as above).

(4) On March 5, 2009, the above court accepted the modified purport of the application and rendered a decision to modify the provisional disposition order of this case as the above purport of the application.

2. Whether the purport of the request is legitimate;

The debtor has changed the purport and cause of the petition to entirely different in the procedure of the objection to the provisional disposition in this case, which cannot be included in the scope of review of the provisional disposition procedure, and asserts that it is unlawful.

On the other hand, the procedure of objection against provisional disposition is an objection procedure recognized for the debtor, and it is easy for the creditor to easily achieve the purpose of expansion of the purport of the application by making a new request for provisional disposition, but if the creditor permits the extension of the purport of the application by the creditor in the procedure of objection, it would give the creditor significantly friendship. Therefore, the provisional disposition pursuant to Articles 301 and 286(5) of the Civil Execution Act is limited to the modification not disadvantageous to the debtor, and the decision to change the original provisional disposition order shall not be allowed in the procedure of objection against provisional disposition with the same contents as the alteration to the purport of the application expanded than the order of the provisional disposition and the changed purport of the application.

In this case, the decision of provisional disposition of this case was merely prohibited from the transfer, lease, or display of "No. 2" that was manufactured and sold by the non-specky, but the creditor changed the object to "No. 1" in the procedure of the provisional disposition of this case, and extended the object to "the manufacture, transfer, lease, or exhibition of the object and the possession and transfer of the finished product, semi-finished product, etc." in the process of the provisional disposition of this case. The ground and purport of the application are modified from "No. 2, similar to the registered design of this case," which cannot be viewed as identical but as identical to the registered design of this case, to "No. 1," and expanding the quantity of the object to "no. 1," and thus, the purport of the application cannot be changed to the purport of the creditor's application, which was made in this procedure.

Therefore, the obligee’s application of this case cannot be dismissed, and it is decided not to see whether the obligor infringes the obligee’s registered design right by manufacturing, transferring, etc. the first sentence of loss.

3. Conclusion

If so, the application of this case shall be dismissed, and the first instance court shall accept the appeal of the debtor, and it shall be revoked, and it shall be decided as per Disposition with the decision to dismiss the application of this case.

[Attachment 1 and 2]

Judges Hwang Jae-sik (Presiding Judge)