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1. The Defendant: (a) KRW 19 million to the Plaintiff; and (b) 5% per annum from June 20, 2013 to June 3, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff filed for registration with C and used the site for packing boxes (Packing boxes) produced by the design of this case while running the business in the name of “F” in Dongdaemun-gu Seoul, Dongdaemun-gu as the owner of the design right for the design indicated in the attached list (which refers to the design of this case with the target goods as “spawed box site”; hereinafter “the design of this case”).
B. While the Defendant engaged in the flowersing business with the trade name “I” located in the G located in the Si of Overcheon City, he manufactured and sold packages similar to the site for packing boxes manufactured by the Plaintiff as the design of this case from October 26, 2007 to January 2009 (hereinafter “infringed products”), thereby infringing the Plaintiff’s design right of this case.
【Ground of recognition】 The fact that there has been no dispute, entry of evidence Nos. 1 through 11, and the purport of the whole pleading
2. Determination on a claim for damages on the ground of a violation of the Design Protection Act
A. The Plaintiff’s assertion and the Plaintiff’s liability for damages incurred by the Plaintiff due to the infringement of the design right as above, or the Defendant’s claim for restitution of unjust enrichment obtained by the infringement as part of the claim for restitution of unjust enrichment, which is KRW 15 million and damages incurred therefrom.
According to the above facts, the defendant, without the plaintiff's consent, has infringed the plaintiff's right to exploit the design of this case by manufacturing and selling the same infringed product as the design of this case and the product. Thus, the defendant is obligated to compensate for the damages suffered by
B. (1) The scope of property damage liability (see Article 64(2) of the former Design Protection Act, which was enforced at the time of infringement of the design right of this case by the Defendant, against the design right owner or exclusive licensee intentionally or negligently infringed on the design right or exclusive license.