1. The plaintiff's claim is dismissed.

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

1. Presumed factual basis

A. The design for the international registration of this case (Evidence A 1 and 3) is multiple designs with two designs (the serial number of designs: B and C), as shown in attached Table 1.

1) International registration number/application filing date/priority filing date: A description of the design and drawings of the egyeglasss, which are the subject of the design of the design: as shown in Appendix 1: B. Prior Designs (Evidence 6) 1) the European Patent Office (EUIP) registration number/ application date (registration date): F/G2): A product subject to the design of the F/G 3: An egyegrasssss, and an glasssss, written drawings in Appendix 2:

C. On July 26, 2018, the examiner of the Korean Intellectual Property Office notified the Plaintiff of the grounds for rejection on September 19, 2018, on the ground that “The instant application for the international registration is similar to the instant prior design disclosed before the application, and thus, cannot be registered pursuant to Article 62(1) of the Design Protection Act,” the Plaintiff (a shower (H stock company) submitted a written opinion on September 19, 2018, and the examiner of the Korean Intellectual Property Office did not reject the application for the international registration on November 25, 2018, on the ground that “The instant application for the international registration is still similar to the instant prior design disclosed before the application is filed,” which falls under Article 33(1)3 of the Design Protection Act and cannot be registered pursuant to Article 62(1) of the Design Protection Act.”

3) On December 24, 2018, the Plaintiff filed a petition for trial against the foregoing decision of refusal (2018 Won5180) with the Intellectual Property Tribunal, and the Intellectual Property Tribunal on December 23, 2019, “the instant international registration design B, and C,” respectively.