디자인보호법위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (the factual error or misapprehension of legal principles) (hereinafter referred to as “defendant company”) and the product supply and special sales contract entered into between Defendant B Co., Ltd. (hereinafter referred to as “victim company”) and the Victim G Co., Ltd. (hereinafter referred to as “victim company”) are not rescinded (the termination in the country) due to the cause attributable to the Victim Company, but rather rescinded (the termination in the country) according to the agreement between the above parties, and thus, the Defendant Company did not have a non-exclusive license
Therefore, the lower judgment rendered on a different premise is erroneous by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. According to the evidence duly admitted and examined by the court below, the following facts can be acknowledged.
1) The victim company registered the design of H I with H design registration ELdis (hereinafter “instant registered design”).
(2) Defendant A was in office as a joint representative director of the victim company from around 2002 to M.
Defendant
A, on April 22, 2014, established the Defendant Company (the trade name was "AR Co., Ltd. at the time of its incorporation," but it was changed to the trade name as at November 12, 2015), and on May 2, 2014, retired from the position of joint representative director of the Victim Company.
3) Defendant A and the representative director M of the Victim Company were holding the same ratio as the shares of the Victim Company, and around 2014, at the request of a tax accounting corporation AK (Certified Public Accountants) to assess assets to divide the assets of the Victim Company into half of the assets of the Victim Company (No. 148 of the trial record). (4) On May 2, 2014, Defendant Company and the Victim Company entered into a product supply and special sales contract (hereinafter “instant contract”) with the content that the Defendant Company would sell the Victim as exclusive. The main contents of the instant contract are as follows.
Article 1 [Purpose] This Agreement is “A”.