Defendants are not guilty.

1. The summary of the facts charged is that Defendant A is the representative director of the B Co., Ltd. located in Guro-gu Seoul Metropolitan Government C apartment D, and Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation with the purpose of manufacturing and selling electronic parts, including ELDs.

Defendant

A around November 17, 2015, the Defendant: (a) produced the Victim G Co., Ltd., in the B Co., Ltd.’s factory in Bupyeongcheon E Apartment F; (b) produced the same type as “ELDr J” in which the Victim G Co., Ltd. registered the I design to the KIPO; and (c) sold 1,192 in total over 23 occasions from November 17, 2015 to May 30, 2017, including one transfer of the Plaintiff who infringed the said design right to K Co., Ltd.; and (d) posted an image to sell “ELDr J” that infringed the Victim’s registered design from around 2015 to June 2018.

Accordingly, the Defendant infringed the victim’s design right (hereinafter “instant design right”) by manufacturing, transferring, and displaying goods of the same design as the registered design of the victim for the purpose of transferring or leasing them.

B. The Defendant Company committed an offense against the Defendant Company’s business, such as the representative A of the Defendant Company, as described in paragraph (1).

2. Determination

A. On May 25, 2017, the summary of the Defendants’ assertion 1: (a) discontinued the production and sale of goods related to the instant design right around May 30, 2017 in order to avoid controversy immediately after receipt of a warning from the victim on the infringement of the instant design right; and (b) the image posted on the Defendant Company’s website, etc. was merely a mere fact that the Defendants were not able to unsat down after the discontinuance of production and sale; and (c) so, the aforementioned image posting act is for transfer or lease after May 30, 2017.