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1. The Defendant’s KRW 13,00,000 as well as 5% per annum from March 30, 2017 to May 31, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the owner of the design right of plugs and diskettes registered as follows (hereinafter collectively referred to as “instant registered design”).
(1) plug registration number / filing date / registration date: A description of the KON design: A material is metal materials and synthetic resin. This product is used on a small circuit board, and is used in combination with a small circuit board: drawings: (ii) a product subject to F/D/ E design: a description of the KON design: a material is metal materials and synthetic resin; this product is used in combination with a plug; and (iii) a product subject to F/D/ E design: a description of the KON design: a product used on a small circuit board; the product is used in combination with a plug;
B. From February 2014 to February 2014, the Defendant sold KONers and small pockets (the Defendant’s commodity code G; hereinafter collectively referred to as “Defendant’s product”) in the shape as follows.
(1) Plug drawings: ; ; ; ; ; ; ; ; ; ; ; ; and ;
C. The Plaintiff asserted that the Defendant’s product falls under the scope of the registered design of this case and filed a petition with the Intellectual Property Tribunal for the confirmation of the scope of the right to the registered design of this case, and the Korean Intellectual Property Tribunal rendered a trial decision citing the Plaintiff’s claim on November 20, 2015 (the Korean Intellectual Property Tribunal 2015Da3765 and 2015Da37666). Accordingly, the Defendant’s product design can be easily worked through a publicly known design or combination thereof, and the Patent Court rendered a decision dismissing the Defendant’s claim on July 8, 2016 (the Patent Court Decision 2015Hu8271 and 2015Hu82955).
[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 through 9, 12 (including a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings.