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1. On January 1, 2016 to October 12, 2017, the Plaintiff (Counterclaim Defendant) paid KRW 130,000,00 to the Defendant (Counterclaim Plaintiff) and its related amount.
Reasons
1. Basic facts
A. Nonparty B (mutual name: C) around 1993: (a) developed a product that prevents the consumption of food to the outside in the air of the Jina Airport container for the effective food such as kimchi and straw, etc.; (b) produced and sold the food to the outside; (c) thereafter, B filed an application for multiple patents, designs, etc.; (d) currently expired due to the expiration of the term of existence; (e) Nonparty D’s trade name from 2003 to E (the representative of “E” was changed from D to D) of the name “E” (the name of “E” was changed from 2003 to D); and (e) produced and sold Jina Airport from around 207.
B. The Plaintiff filed an application for design regarding GH’s design and registered I (registration number J and main drawings are as indicated below) with the Plaintiff’s non-design plan Nos. 1 and D, respectively (registration number J and main drawings are as indicated below):
The registered design of this case (hereinafter referred to as “instant registered design”).
2) The Plaintiff and Nonparty K filed an application for design registration of LM and registered N.
(Registration NumberO, hereinafter “instant invalidation design”)
C. The Defendant’s products and design right 1) From October 2014 to October 1, 2014, the Defendant’s products of the Jina Airport (hereinafter “Defendant’s products”) consisting of “hiveing yellow Dust Airport Natural Disturbari” and “hive airport yellow dust” as indicated in the separate sheet (hereinafter “Defendant’s products”).
(2) On June 26, 2014, prior to the sale of the Defendant’s product, the Defendant filed an application for each of the designs relating to the Defendant’s “Voluntary Nuskboard for food storage”, “shot-shot-shot-shot-shot-shot-shot-shot-shot-shot-shot-shot-shot-shot-shot-shot-shot-scalks for food storage,” and registered on October 1, 2014, respectively, and on November 19, 2014.
In total, "the defendant's registered design" is referred to as "the defendant's registered design," and registration number No. 0772728 is referred to as "the defendant's registered design."