1. The defendant,

(a)the production, sale, and distribution of goods on which each of the designs listed in the separate sheet of Defendant 2 attached hereto is attached; or

1. Facts of recognition;

A. The Plaintiff is a business operator who produces and sells interior goods under the trade name of “B,” and the Defendant is a company that produces and sells interior goods.

B. The Plaintiff completed copyright registration with respect to the [Attachment 1] design in the name of “D” (hereinafter “Plaintiff’s design”).

C. The Defendant is manufacturing and selling products, such as air conditioners, dampers, etc. using the devices such as the attached list of Defendant 2’s design (hereinafter “Defendant’s design”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 9 (including virtual number), the purport of the whole pleadings

2. The parties' assertion

A. Although Plaintiff’s design constitutes a copyrighted work protected under the Copyright Act, Defendant’s production and sale of the product using Defendant’s design made by reproducing Plaintiff’s design without Plaintiff’s consent, thereby infringing Plaintiff’s copyright.

Therefore, the defendant must perform the same obligation as that stated in the purport of the claim to the plaintiff.

B. The Plaintiff’s design is oldly open to the public and has no originality, and it does not constitute a work protected under the Copyright Act.

In addition, the part where creativity of weak meaning is recognized as a result of appraisal and where the substantial similarity is recognized with the Defendant’s design is recognized as a result of appraisal is selected and arranged as a material in the overall composition (the fact that did trees and leaves have been lowered below the lower, the small, small, Gemangs, and the composition of the background language, and turdry). As long as the Plaintiff’s design is not a compilation work, it is difficult to view that the Defendant’s design infringed the Plaintiff’s copyright.

3. Determination

A. Whether the Plaintiff’s design is recognized as a copyrighted work refers to the work of paintings, calligraphic works, calligraphic works, calligraphic works, crafts, works of applied art and other works of art. Article 4(1)4 of the Copyright Act, and Article 2 Subparag. 15 of the same Act provides that “works of applied art” may be reproduced in the same shape as “works of applied art.”