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The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
1. As to the ground of appeal No. 1, the ground of appeal that the Defendant had a non-exclusive license by prior use is a new argument that is only made in the final appeal, it cannot be a legitimate ground of appeal.
2. As to the grounds of appeal Nos. 2 and 3, the lower court cited the first instance judgment, and on the grounds as indicated in its reasoning, on the grounds that it is difficult to calculate the total profit gained by the Defendant by infringement of the design right of this case, or difficult to compute the amount of the Plaintiff’s damage pursuant to Article 64(2) of the former Design Protection Act (wholly amended by Act No. 11848, May 28, 2013), and thus, calculated the amount of damages pursuant to Article 64(5) of the same Act, and recognized the amount of damages of the Plaintiff’s property due to the Defendant’
Examining the relevant legal principles and evidence duly admitted, the lower court’s aforementioned determination is justifiable.
In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine regarding
3. As to the ground of appeal No. 4, based on the judgment of the first instance court, the lower court cited the judgment, and based on its stated reasoning, it was reasonable to view that the Plaintiff paid KRW 7 million at the attorney’s expense with respect to the case of applying for provisional injunction against infringement of the design right of this case, which was inevitably disbursed to prevent the Defendant from preventing infringement of the design right of this case or from spreading damages, and that the Defendant’s compensation for damages to the Plaintiff within a considerable extent, based on the premise as stated in its reasoning, comprehensively taking into account the circumstances as indicated in its reasoning,
relevant legal principles and legitimate.