beta
(영문) 서울중앙지방법원 2017.07.21 2016가합572689

디자인권침해금지

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. L from around October 2002, L was engaged in as a handner and instructor for the PPOP advertising (hereinafter “PP letters”), and was engaged in activities as the head of the first association of the Defendant Association (hereinafter “Defendant Association”) that was led by himself/herself from October 2009.

The defendant association established the articles of association since 2012, held a general meeting every year, and arranged the organization.

L on June 11, 2014, L filed an application for design registration of “M” as listed in Appendix 1, as N, with respect to POP letters, and obtained I registration of the design on January 5, 2015.

B. From November 8, 2010, the Plaintiff is running the business of manufacturing and educating POP letters in Dongdaemun-gu Seoul O.

L withdrawn from the Defendant Association in early 2015, the Plaintiff was appointed as the president of the Defendant Association around April 2015.

On May 2015, the Plaintiff changed the trade name of the business entity operated by the Plaintiff from P to Q.

C. L transferred the design right to M to the Plaintiff on April 8, 2016. On April 27, 2016, the Plaintiff was registered for the entire transfer of the right to Mregistered design.

The Plaintiff filed an application for design registration of “R” listed in attached Form 2 with S, with respect to POP letters, and obtained registration of J design on September 12, 2016.

In addition, the Plaintiff applied for design of the “U” listed in attached Form 3 to V with respect to TPP letters, and was registered as K on December 16, 2016.

E. From September 2006, there was a conflict of opinions between the Plaintiff and some members of the Defendant Association regarding the operation of the Defendant Association. On October 31, 2016, the Defendant Association completed the registration of a non-profit corporation by having its representative registered as the Defendant C as the representative of the Seo Daejeon Tax Office (the identification number W), and the head of Seo Daejeon District Tax Office issued the notification of the designation of the person performing the duty concerning the national taxes of an organization deemed as a corporation to be the Defendant Association on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, 7, 17, 18, 28, Eul evidence 1, 2, 3, 7, 8, 15.