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(영문) 서울중앙지방법원 2020.10.14 2018가합583591
손해배상(지)
Text

1. The defendant,

(a)the manufacture, use, transfer, lease, import or transfer of products listed in the separate sheet;

Reasons

Basic Facts

The Plaintiff’s registered design is a design right-holder with respect to the following designs (hereinafter “instant registered design”).

The registration number / the filing date / the registration date: C/D/ Goods subject to the E design: A description of the sandbrician design

1. Materials of metal, synthetic resin, fiber, or leather;

b. 3. The principal design expressed only one of the sands on an emergency warning line, one side name. The main design is the essential part of the creation of the design, the fluences of the essential parts of the design creation, the fluences of the core parts of the design and the fluences of the advanced sand

B. The Defendant’s criminal punishment 1) The drawing Defendant operated a new retail business with the trade name “F” in Jongno-gu Seoul, and sold the products listed in the separate sheet. 2) The Defendant was sentenced to a fine of KRW 5 million by deeming that the Seoul Central District Court violated the Design Protection Act by deeming that “from March 24, 2017 to April 12, 2017, the Defendant violated the Plaintiff’s design right by selling the instant registered design and the design at the open store and the Internet site (I) of Jongno-gu, Seoul at the Seoul Central District Court from March 24, 2017 to July 12, 2017, by changing the trademark “J” to “K” without the Plaintiff’s consent, after ordering the Defendant to produce the instant sand at the Chinese mother factory without the Plaintiff’s consent, and by selling 19,000 won per turn on an emergency.”

(Seoul Central District Court 2018Kadan7638) The above judgment was finalized on June 20, 2019.

【Ground of recognition】 In light of the fact that there is no dispute, Gap evidence Nos. 1, 2, 7, 13, and 14 (including a serial number; hereinafter the same shall apply), and the fact that the whole purport of the pleadings was prohibited and the duty to discard the entire pleadings, the defendant manufactured and sold the products listed in the attached sheet, thereby infringing the plaintiff’s design right to the registered design of this case.

Therefore, the defendant shall exhibit for the transfer or lease of subscription for the manufacture, use, transfer, lease, import, or the transfer or lease of the products listed in the separate sheet.

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