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(영문) 수원지방법원 2016.05.17 2015가합63162
디자인권이전등록절차이행 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 2012, the Plaintiff and Defendant D made gold straw, produced food storage containers and lids for food storage containers (hereinafter collectively referred to as “instant products”), and Defendant B Co., Ltd. (hereinafter referred to as “Defendant B”) are in charge of the sale of the instant food storage containers home shopping; Defendant B is paid a certain amount for each number of products sold in home shopping; Defendant B is divided into the Plaintiff and Defendant D; the remainder of sales except home shopping are divided into the Plaintiff and Defendant D with each other’s profits (hereinafter “instant agreement”).

B. Upon completion of the design of the instant product, the Defendants filed an application for registration of design for food storage containers among the instant products, and received a decision to register design rights listed in the attached Table No. 1 on December 5, 2012. The Defendants filed an application for registration of design for food storage containers among the instant products, and received a decision to register design rights listed in the attached Table No. 2 on March 21, 2014.

C. Under the agreement of this case, the Plaintiff and Defendant D produced gold punishment and produced the instant product, and Defendant B sold the instant product through Home shopping, but the transaction was suspended on June 10, 2013 due to disputes surrounding the settlement between the Plaintiff and the Defendants.

[Grounds for Recognition: Facts without dispute, entries in Gap evidence 6 and 7 (including each number), the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff had the right to obtain design registration as the creator of the instant product design. However, on the premise that the instant agreement was maintained between the Plaintiff and the Defendants, the Plaintiff transferred the said right to the Defendants, and was entitled to obtain each design registration listed in the separate sheet in its name.

However, this case’s agreement is terminated due to the suspension of transaction around June 10, 2013.

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