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(영문) 울산지방법원 2018.05.23 2017가합1420
손해배상(지)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, as the owner of the design right of the registered design indicated in the attached Table (hereinafter “instant registered design”), is producing and selling a black box for vehicles under the name “D” (hereinafter “Plaintiff products”) developed by applying the registered design from February 2, 2015, and from February 2, 2015.

B. The Defendants jointly develop the black boxes for vehicles under the name of “E” (hereinafter “Defendants’ products”), and attach the above products produced by Defendant B Co., Ltd. (hereinafter “Defendant B”) to the vehicles of Defendant C Co., Ltd. (hereinafter “Defendant C”) and advertised and sold them in Korea from September 2015.

C. The Plaintiff filed a criminal complaint against Defendants, their respective representative directors, F, and G, who are employees of Defendant B, with the purport that the Defendants’ manufacturing and selling of the instant registered design, constitutes an act of infringing the design right regarding the instant registered design. On December 27, 2017, the Suwon District Prosecutors’ Office rendered a non-prosecution disposition against F and G on the grounds that the design of the instant registered design and the Defendants’ products are not similar, and dismissed each disposition against the Defendants and their respective representative directors.

(No. 33806. [Grounds for recognition] of absence of dispute, Gap evidence No. 1 through 4, Eul evidence No. 11, 12 (including each number, if any), Eul evidence No. 7, the purport of the whole pleadings and arguments.

2. The parties' assertion

A. Plaintiff 1) The primary claimant’s act of manufacturing and selling the Defendants’ products identical to the registered design of this case constitutes an infringement of the Plaintiff’s design right regarding the registered design of this case, and the Plaintiff sought payment of KRW 201,00,000, which is a part of the compensation for damages, and damages for delay therefrom against the Defendants. 2) The Plaintiff discussed the conclusion of a contract to deliver a black box, which applied the registered design of this case to Defendant B.

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