Defendant:

(a) the manufacture, use, transfer, lease, import or transfer (attached Form 1) of the products listed in [Attachment 1];

1. Basic facts

A. The Plaintiff’s registered design 1: (a) the Plaintiff’s name: C2) registration number / filing date / registration date: D/ E/F3; product subject to design: description of cosmetic containers 4); material quality is glass or synthetic resin; - The principal design is used in a non-permanent and non-permanent design. - The principal design consists of transparent materials to ascertain the inside of the container. 5) Drawings: [Attachment 2] design right-holder of the design right as the design of this case: the Plaintiff:

B. From October 2018, the Defendant’s product stated the following in the attached Form of the Plaintiff’s written application for modification of the purport of the claim and the cause of the claim on September 19, 2019 through home shopping and online shopping mall. However, this is the Korean version of “lip-gloss”, which is the correct expression of “lip-gloss” according to the foreign language, and thus, in this judgment, the Defendant stated the same.

Products (hereinafter referred to as “Defendant Products”) have been sold.

1) Item 1: The name of Subdivision 2: G3: as shown in attached Form 1, the prior design 1 (No. 17-1, No. 18-1) prior designs (No. 17-1, No. 18-1), which is posted on the Internet (H) on June 7, 2015, specific explanation and drawings are as shown in attached Form 3.

2) A design posted on the Internet (I) on January 18, 2017, prior designs 2 (No. 17-2, No. 17-2, No. 18-2), specified explanation and drawings (attached Form 3) are attached to prior designs 3 (No. 17-3), which is posted on the Internet (J) August 18, 2016, as specified in attached Form 3.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 4 through 7 (each number is included; hereinafter the same shall apply), Eul evidence 17 and 18, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff sold the Defendant’s product similar to the registered design of this case.