1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. (1) On October 15, 2019, the Defendant: (a) indicated on October 15, 2019, the registered design of the instant case is a person with ordinary knowledge in the design field to which the registered design of the instant case pertains (hereinafter “ordinary designer”).

) The design that is identical to the prior designs submitted in the instant lawsuit by the comparable designs. The design that can be easily created from the prior designs is not entirely amended by the former Design Protection Act (Law No. 11848, May 28, 2013; hereinafter the same shall apply).

(2) On March 12, 2020, the Intellectual Property Tribunal filed a petition against the Plaintiff for a trial on invalidation of the registered design of this case as the Intellectual Property Tribunal No. 2019Da3206, on the ground that the registered design of this case falls under Article 5(2) and thus, the registered design of this case ought to be invalidated.

As such, this case's trial ruling cited by the defendant was rendered on the ground that the design registration should be invalidated because it falls under Article 5 (2) of the former Design Protection Act.

(b) The registration number of the instant registered design (Evidence A2 and 3) / the filing date: The name of the C/D/E product: The description of the F design and the principal drawing (attached Form 1):

C. Prior designs 1) On February 5, 1996, prior designs 1 (No. 4) of the Republic of Korea’s Utility Model Gazette No. 1996-00109, prior designs are prepared only for the part of “markets” among the goods subject to the device device device device device device device device device device devices, so the design described above was recorded as the design related thereto. The drawings (attached Form 2) are the design related to “the same as the No. 1. 2) prior designs 2 (No. 5) of the prior designs (attached Table 2; 2) prior designs 2 (No. 5) of the Patent Gazette published on October 25, 2000, and the drawings are the same as the No. 2 of the attached Table 2.

3) Pre-design 3 (No. 6) (No. 6) is published by the Korean Railroad in 2003.