(영문) 서울중앙지방법원 2018.12.20 2018가합517372

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(영문) 서울중앙지방법원 2018.12.20 2018가합517372

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C is the Plaintiff’s joint representative director, and is the owner of the design right as to the following design (hereinafter “instant registered design”).

1) Date/registration date/registration number: A product G3) design description of which is the subject of design D/ E/F 2 is as described in the design design drawings in the attached design in the attached Form 5) of the design design, where synthetic resin (motionyl chloride resin) and metal materials are used to be attached to the indoor floor. The product of the original design is as follows: (a) the product of the original design is made of the product of the design written in the attached Form 5 (b) the product of the design written in the design written in the attached Form 5 (the combination of the shape “G” and the shape of “G” will be used to be alleviated into the inner floor by forming a form such as a column column attached to the strings in which the inner part is unfolded; and (b) the product of the design written in the attached Form 5 (the above “Defendant’s working design” is “Defendant’s product” and the product is “Defendant’s product.”

(i) Fact that there is no dispute over the grounds for recognition, entries in Gap evidence Nos. 5 through 8, and the purport of the whole pleadings.

2. The gist of the Plaintiff’s assertion was that the Plaintiff acquired the registered design right of this case by comprehensively taking over all the business including the registered design right of this case from C, and even if not, C was granted an exclusive non-exclusive license for the registered design of this case.

However, the Defendant produced and sold the Defendant’s product to which the Defendant’s design similar to the registered design of the instant case applied, thereby causing damage to the Plaintiff by infringing the registered design right or exclusive non-exclusive license.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 200,000,100 as part of the damages for infringement of registered design right or exclusive non-exclusive license.

(Clear Partial Claim). 3. Determination

A. The Plaintiff has the registered design right of this case.

유사 판례

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