1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Plaintiff is the owner of a registered design C in the registration number of the design, who holds the right to the design as specified in the attached Table 2 (hereinafter “registered design”).

B. On January 30, 2019, a notice was posted on the shopping site “D” (hereinafter “instant site”) operated by the Defendant, stating that the instant product was sold E-mail (the shape is as indicated in the attached Table 1; hereinafter the same shall apply) with the same type as the registered design and similar type as that of the registered design; and that the instant product was sold. The design worked on the instant product was “infringed design.”

(A) Evidence 3. (c)

On February 18, 2019, the Plaintiff sent a warning to the Defendant that the instant product was in violation of the registered design under the name of agent Lee Young-soo, and that the Defendant’s posting of the instant product on the instant website, like the foregoing B, was an offer to transfer goods infringing the design right, and thus infringing the Plaintiff’s design right.

This warning letter includes not only the above contents but also the defendant's payment of compensation for the sale of infringed products of registered design and the request for suspension of infringement (the act of offering to sell infringed products of design rights).

Until March 6, 2019, the Defendant received the warning note under the above Paragraph (c), posted a notice stating that the product of this case is sold on the instant website, but thereafter, this article was not again posted until the date of closing the argument of this case.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 5, including each number, and the purport of the whole pleadings

2. The plaintiff and the defendant's assertion

A. The plaintiff's assertion is that the site of this case is a place where a mail order brokerage business connecting individual sellers and consumers is run, but the product is charactered at the site of this case and an explanation on the product is given.