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1. The Defendants: (a) each of the Plaintiff KRW 36,604,00 and each of them, Defendant B shall be from May 21, 2013 to Defendant A; and (b) Defendant A shall be from May 21, 2013 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that mainly established for the manufacture and sales of plastic products and mainly produces kitchen and household goods, and has a high human map in the same industry, and is a registered owner of the design right as follows (hereinafter “instant registered design”).
1) Registration number / filing date/registration date: A product subject to design registration No. 5984/11, Jan. 11, 2010: A physical disease 3) design explanation and drawings: as specified in attached Table 2.B. The Plaintiff produces and sells physical disease applying the registered design of this case under the name of “cent clean disease”. (c) The Defendants are manufacturing and selling plastic disease, etc. using the trade name “D” in Seo-gu Incheon Metropolitan City as a joint business proprietor. The Defendants are manufacturing and selling plastic disease, etc. from early October 2012 by classifying them as 2.0 liter, 1.75 liter, 1.5 liter, 1.5 liter, color, yellow, yellow, etc. as indicated in attached Table 1 list.
D. When comparing the design of the registered design of this case and the design of the physical disease of this case for each of the following table, the design of this case is compared with the design of this case according to shooting plan, stong map, stong map, aspect, and ground
E. The Plaintiff filed a complaint against the Defendants in violation of the Design Protection Act on the grounds that the Defendants infringed the Plaintiff’s design right. On October 20, 2014, Defendant B issued a summary order of KRW 5 million on the charge of “The Plaintiff’s design right by manufacturing approximately 30 million water disease in the same or similar form as the instant registered design and selling them to unspecified customers.” The said order became final and conclusive as it is.
F. Meanwhile, Defendant B made the Plaintiff the respondent and rendered a trial ruling that the design of the instant water disease does not fall under the scope of the Plaintiff’s right to design registration.