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

The purport of the claim and appeal is the purport of the appeal.

A. From around 1997, the Plaintiff is a company that directly produces works of art and photographic works, such as paintings, photographs, characters, and paintings, and engages in the business of rendering services of the Plaintiff’s copyrighted works or copyrighted works, which the Plaintiff is authorized, through the website of the Alcleic Art.co., Ltd. (www.co.), and the Defendant is a person who is engaged in the two primary retail businesses in Ulsan Plsan-gun.

B. The Plaintiff’s employees produced a list such as the left-hand side of the attached picture (hereinafter “the instant work”) through a subdivision, and publicly announced it on the Alcle’s website.

C. On March 27, 2015, the Defendant made a trademark in the form identical to the right side of the attached picture (hereinafter “instant trademark”), and filed an application [number C (Class 04 of the designated goods), number D (Class 35 of the designated goods)] with the Korean Intellectual Property Office on March 27, 2015, and registered the trademark on December 24, 2015 and June 1, 2016, respectively.

On September 9, 2016, the Plaintiff determined that the instant trademark infringed on the instant copyrighted works, and requested the Defendant to cancel the trademark registration and suspend the use of the trademark. On September 26, 2016, the Defendant responded to the purport that the shoulder picture, which was downloaded from the NAV E, was known to the extent that it was free of charge, and that it was unaware that it was a copyrighted work of the copyright.

E. On November 10, 2016, the Plaintiff filed a complaint against the Defendant in violation of the Copyright Act with the Ulsan District Police Station. On November 25, 2016, the Defendant filed an application for the cancellation registration of the instant trademark with the Korean Intellectual Property Office and revoked the instant trademark registration.

F. The defendant was subject to the disposition of non-prosecution in the above criminal case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 6, 8, Eul evidence No. 3 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion of this case.