1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The design registration number of the instant registered design (No. 2 and 3 No. 1) / the filing date / the registration date: C/D/E 2: F3: as shown in attached Form 1: 4) The design right-holder: The Plaintiff was the Plaintiff and G holder of the right to the instant registered design, but G renounced its share on October 26, 2016, and completed the registration of cancellation of the share, accordingly only the Plaintiff is the owner of the instant registered design right.

(A) Evidence 2. (b)

As a "F" being implemented by the defendant of the design subject to confirmation, the drawings are as shown in attached Form 2.

C. Prior designs 1 to 12 are the same as prior designs 1 to 12 submitted in a trial for invalidation of design registration.

1) A design as to “aap sap sap extract” inserted in the Patent Gazette No. 2003-0318000 on April 23, 2003, which is prior design 1 (No. 1 evidence No. 1) of the Korean Intellectual Property Office, and its drawings are as follows: (a) prior design 2 (No. 2) on December 23, 2004, published in the Design Gazette No. 30-037042 of the Korean Intellectual Property Office’s Design Gazette No. 3042 on December 23, 2004; and (b) its drawings are as follows:

3) On May 31, 2005, the prior design 3 (No. 3) was inserted in the Patent Gazette No. 10-2005-005030 on May 31, 2005, and its drawings are as follows: (a) the prior design 4 (No. 4) on July 11, 2005, published in the Patent Gazette No. 10-205-07263 on July 11, 2005; and (b) the drawings are as shown in the attached Table 3.

5) On March 31, 2008, the prior design 5 (No. 5) published in the Patent Gazette No. 10-2008-002808080 on March 31, 2008, the drawings are the designs relating to “acapex” inserted in the Patent Gazette No. 10-2008-028080. The drawings are as follows: 6) the prior design 6 (No. 6) published in the Patent Gazette No. 20-2011-04537 on May 9, 2011. The drawings are as follows: