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(영문) 서울중앙지방법원 2019.01.25 2018가합507016
손해배상(지)
Text

1. The defendant,

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a design right-holder of the registered design (hereinafter the registered design of this case) under the company that mainly engages in the manufacturing and selling business of freezing and freezing equipment-related products for vehicles.

The goods subject to the registered design of this case are goods consisting of two compressors (the two compressors on the upper part of the telecom, the telecom presses on the lower side) where a double cooling system is installed in the freezing onto the freezing.

The filing date / the registration date / the registration number: C/D date / the article subject to the E design: a description of the Bret design for the compact circuit: The material is metal material. - When fixing the compact frame for the vehicle’s air conditioners or the compact cycle for freezing, the material is used. The essential point of the design creation: The combination of the shape and shape of the “bock for the compact circuit” is the essential point of the design creation.

(b) Drawings: Reference map on the left-hand surface map of the private road;

B. The Defendant sold the products listed in the separate sheet, which are the compact pressers, to a company that mainly engages in the business of manufacturing and selling freezing and meritorious instruments (hereinafter “Defendant products”).

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1-6 (including a Ga number)

2. The design of the Defendant’s product infringing the design right is similar to the registered design of this case as shown below.

(A) The Defendant’s sales of the Defendant’s product based on the Defendant’s product constitutes an act of infringing the Plaintiff’s design right regarding the registered design of this case.

3. The prohibition of infringement and the destruction of the Defendant’s product shall not be permitted to manufacture, use, transfer, lend, import, or exhibit or make an offer for the purpose of transferring or leasing the product, and it is still being held by the Defendant or in his possession through a third party and have the structure of the Defendant’s product and its semi-finished product completed.

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