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(영문) 서울중앙지방법원 2018.07.13 2017가합558710
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) Date of the application of the Plaintiff’s registered design (hereinafter referred to as “Plaintiff’s design”)/registration number: C/D date/E name and product subject to design: A description of the design of packing boxes;

1. The material is a paper or synthetic resin; 2.2. The main design is to prevent damage and to facilitate display by packaging materials such as beverages and food at an inner storage space. 3. The main design is as follows: (a) the main design is as follows: (b) the main body of a box opened with upper upper part, and the main body of a box, which is assembled inside the main body of a box, and where goods such as medicinal stuffs are loaded, shall be made up of a twit formed by a tent; and (c) the main body of a box may be covered by a twit cover, and shall be tight down. (d) The main design is as follows: (c) The main design is as follows: (d) the main design is as follows: (d) the shape and the shape of the package box are combined; and (d) the shape of the creative content is as the main body of the box; and (d) the shape of the original design is as the main body of the design.

b) Design right-holder: The surface map of the Plaintiff’s map also refers to the right-side map on the elevation map of the lower surface map;

B. The actual form of packing boxes created by the Plaintiff’s product applying the Plaintiff’s design is as follows.

C. From around 2016, the Defendant sold the medicine “F” in the following package boxes.

The inside figures of the Defendant’s registered design G applied to the Defendant’s product are the following:

It is produced according to G registered design such as paragraph (1).

Date / Registration Date / Registration Number: H date / (I) / J’s name and goods subject to design: A description of the bulk design for inserting boxes;

1.1The drawing 1.1 is a private drawing, drawing 1.2, drawing 1.3, drawing 1.4, drawing 1.5, left-hand side map, drawing 1.6, drawing 1.7, drawing 1.7, and reference map indicating the use.

2. With respect to materials, paper and synthetic resin; 3. This design shall be packaged boxes;

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