1. The part concerning the claim for the destruction of products and machinery and equipment kept in the “other place” among the instant lawsuit is dismissed.

2...

1. Basic facts

A. The Plaintiff completed the registration of incorporation on May 28, 2014 for the purpose of the business of manufacturing smartphone liquids, etc., and the Defendant is a corporation that completed the registration of incorporation on October 11, 2013 for the purpose of wholesale and retail business of mobile phones.

B. On November 20, 2012, the Plaintiff filed an application for design registration with respect to the shape of a mobile phone case, and received the registration of the following design rights (hereinafter “instant registered design”) on March 6, 2014.

The filing date/application number: The registration date/registration number: the date of November 20, 2012 / 30-2012-05449: the goods subject to design registration on March 6, 2014 / 30-73813: The mobile phone case design drawings: The same shall apply to the drawings in attached Form 2 “Plaintiff registered design”.

C. Meanwhile, the Defendant manufactures and sells mobile phone rink products of the design as shown in the attached Table 1 (hereinafter “Defendant Product of this case”).

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 6 (including each number, if any) and the purport of the whole pleading

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The registered design of this case is the main part of each set of display located at the center of the opposite side where a mobile phone is inserted. The Defendant sells the Defendant’s product of this case, which imitated the overall shape, such as the main part of the registered design of this case. 2) The Defendant’s above act constitutes a design right infringement under Article 114 of the Design Protection Act, and also constitutes an act of reproducing the product type under Article 2 subparag. 1 (i) of the Unfair Competition Prevention and Trade Secret Protection Act (hereinafter “Unfair Competition Prevention Act”).

3) Therefore, the Plaintiff seek damages for the destruction of articles, etc. that prohibit the act of infringement or unfair competition and create such act under Articles 113(1) and (3), and 115 of the Design Protection Act, and Articles 4 and 5 of the Unfair Competition Prevention Act.

B. The defendant's assertion.