1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

A. Name 1 of the registered design of this case: C2) Date of application/registration date/registration number: D/E/registration number: drawings (attached Form 4; hereinafter the same shall apply): The Defendant

B. On December 27, 2016, the Plaintiff violated Articles 3(1) and 10 of the former Design Protection Act (wholly amended by Act No. 11848, May 28, 2013; hereinafter the same shall apply) on the ground that “The registered design of this case was created by G and H, who is an employee of the Plaintiff,” and the Defendant alone filed an application for registration of the registered design of this case, and thus, the Defendant violated the aforementioned Articles 3(1) and 10 of the former Design Protection Act (wholly amended by Act No. 11848, Jul. 1, 2014; hereinafter the same shall apply). In addition, since the registered design of this case was publicly announced within or publicly implemented prior to the application, the Plaintiff’s registered design of this case constitutes “the registered design of this case,” and the design of this case, which was easily produced and sold from the Plaintiff’s 2012 and publicly implemented the registered design of this case, which would have been in violation of the right of comparison 231/G/7.20.

The registered design of this case is not similar to the comparative design, but does not constitute a design that can be easily created from or from the comparative design.