1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. The first application date of the main drawings registered in the instant design registration number No. 1 in F, F, City/Do, F, and City/Do, and the first application date of the G registration of the ground plan No. H (similar 01) design right D1 on the registration date of ground plan No. H (similar 01), Nonparty D filed an application for registration of the design of “E” as indicated below (hereinafter the individual design is referred to as “instant design”; and, in total, “each of the instant designs” as indicated below.

2) Each of the designs of this case is not registered.

B. The Plaintiff (representative Director D) produces and sells E using each of the designs of this case.

C. Defendant C [Nonindicted Co., Ltd. B (hereinafter “Defendant Co., Ltd.”)] by Defendant C’s infringement

The non-party company is located in Jongno-gu Seoul, and the defendant company is located in Busan. (hereinafter referred to as "non-party company")

) The representative director of the Plaintiff produced more than 5,00 designs similar to the Plaintiff’s E through “L” located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, from the early November 2013 to March 2014, and distributed them for public relations purposes to many and unspecified persons, or sold the product name “M, etc.” to the market price inferior.

(1) On October 11, 2016, Defendant C indicted Defendant C on the violation of the Design Protection Act on the grounds that each of the design rights of the instant case was infringed as described in the foregoing paragraph (c) above, and the said court convicted Defendant C of all the charges charged on February 9, 2017, and sentenced Defendant C to a suspended sentence of two years and a community service order for one year with prison labor. (2) Defendant C appealed appealed to the Seoul Central District Court (2017No777) and the said court recognized that Defendant C infringed each of the design rights of the instant case on July 21, 2017, and reversed sentencing on the grounds that sentencing is unfair.