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1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. Each description of evidence 1 through 4, 6, 7, and Eul evidence 2, 4, 6, and 20 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings, which are premised on the premise of the facts;
A. The Plaintiff has the following design rights:
(hereinafter referred to as "the registered design of this case") 1. The filing date / the registration date: F2: D/E 3. The description of the design of this case (C4) may be used as auxiliary stand attached to and used on the rear side of the smartphone, and 5) drawings of the shape of "C" and the combination of the shape of "C" and the shape of "C" as the essential point for the creation of the design, as shown in attached Table 1:
B. The Defendant’s act manufactured products listed in the [Attachment 2] list (hereinafter “Defendant’s products,” and “Defendant’s design”) with the name of “G,” and sold the design at the website operated by the Defendant.
C. The creation, application, and registration of the registered design of the instant case 1) H Co., Ltd. (hereinafter “H”)
A) On December 20, 2011, prior to the establishment date of H ( March 28, 2012), in-house directors I, J Co., Ltd. (hereinafter “J”) and “J”.
2) On September 3, 2012, the applicant agreed to carry out the joint development with K’s “K,” and conducted the joint development by analyzing and referring to the same kind of product of similar designs until May 2012. 2) I applied for design registration of the instant registered design as its creator on the D date. On September 3, 2012, the applicant changed from I to L, and then E registered the instant registered design in the name of L.
The Plaintiff’s transfer of registered design right of this case and the Plaintiff’s transfer of business rights to Defendant’s products on March 17, 2014.