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1. The Defendant’s KRW 10,000,000 as well as 5% per annum from April 21, 2016 to October 20, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s status and the Plaintiff are the trademark right holder of the following registered trademark (hereinafter “instant registered trademark”). The Plaintiff is engaged in a manufacturing business of educational equipment from March 7, 2006 to B.
The registration number / the filing date of the application / the registration date / the registration date: C/D/ December 15, 2011 / The designated goods: The amusement equipment and toys of Category 28.
B. 1) The Plaintiff’s following design (hereinafter “the Plaintiff’s design of this case”)
A) The application was filed and registered. The registration number / the filing date / the registration date / the registration date / the registration date / the registration date: F/ G/H/H/ the product subject to design: (a) the description of the completed design of the aircraft is vinyl if the material is one, and is in body, synthetic resin in the case of body. The original design is made able to learn the flight principles of the aircraft by making the direction string, the shape of the string, the string, the power, gravity, and the strength of the aircraft as in the City/Do. The essential point of the creation of the design is to combine the shape and shape of the “flight” with that of the design.
b. Major drawing(private drawing) 2 non-party I is a person who was an employee of Plaintiff B.
I was the Plaintiff’s design in the instant case on July 18, 2016. ① The Plaintiff’s design in the instant case was registered as the Plaintiff’s genuine creator or the lawful successor, and was amended by Act No. 11848, May 28, 2013 of the former Design Protection Act (hereinafter the same shall apply).
A design that violates the main sentence of Article 3(1) or is not filed jointly with I even if it is a joint creative work, and is registered in violation of Article 10 of the same Act. ② A design identical to a design performed before the application was filed in violation of Article 5(1)1 and 2 of the former Design Protection Act. ③ A design that can be created easily by combining the designs publicly known prior to the application, and is registered in violation of Article 5(2) of the former Design Protection Act.