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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
(a) The design registration number of the registered design of this case (No. 1 and 2 No. 1) / the filing date / the registration date: The name of a product C/D/E 2: F3: as shown in attached Form 1: the design right-holder: the Plaintiff;
(b) the design subject to confirmation (Evidence A 5) is the F being carried out by the Defendant, and the drawings are as shown in Appendix 2.
B. Prior designs 1 to 8 are the same as prior designs 1 to 8 submitted in a trial for confirmation of the scope of design right.
1) A design relating to “I” published on the G website (H) on January 13, 2010, which is related to “B” as a design relating to prior design 1 (No. 1) (No. 1) and its drawings are as shown in attached Table 3 (A) 2 (No. 2-3 and No. 4) B corporation’s prior design 2 (No. 2-3 and No. 4), which was published on July 201 by J 45 (the model name: K), and its drawings are as listed in attached Table 3.
3) Prior Design 3 (No. 2, No. 4-2, No. 2, and No. 4) B relating to “Bower” published at the top and bottom of J 43, which was issued on July 7, 2011, and its drawings are as follows: 4) relating to “P” published on the Prior Design 4 (No. 3-2, No. 3-4) N Company around August 201, published on the O11 published by N Company around 2012, and its drawings are as listed in attached Form 3.
5) Prior design 5 (No. 3, No. 4-3, No. 3-4) The drawings are related to " Q Q" published on the 16th page of theO published on August 2012. The drawings are as shown in attached Table 3) The prior design 6 (No. 4) of the Korean Intellectual Property Office’s registered design bulletin on June 18, 1998, published on June 18, 1998 by the registration number No. 02402 of the Korean Intellectual Property Office’s registered design bulletin, and the drawings are as listed in attached Table 3.
7) A design (registration number 201980) relating to the "spawn" inserted in Article 1574 of the Design Gazette of the Korean Intellectual Property Office on September 6, 1997 (No. 5) is a prior design 7 (No. 5) and its drawings are as shown in attached Table 3; 8) prior designs 8 (No. 6) and (No. 30-0406586 of the Design Gazette of the Korean Intellectual Property Office on February 16, 2006.