1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. From 2009 to 2013, the Plaintiff is a “C” trade name, and from September 1, 2013 to September 1, 2013, in the name of “D,” “D”, the Plaintiff was engaged in the clothing wholesale business, and the Plaintiff’s words F and goods type, materials, pattern, design, etc. have been designed and sold. The Defendant is a clothing wholesaler that imports and sells goods from E in the trade name of “G.”

B. On February 25, 2015, the Plaintiff created the H “H” design (hereinafter “instant design”) and published it by using and selling it to the braille produced by the Plaintiff on March 18, 2015. On April 27, 2015, the Plaintiff completed copyright registration (registration number I of the Korea Copyright Commission) as applied art works.

C. In addition, from around 2009, the Plaintiff used the mark “J (which arranged the number with the F’s date of birth; hereinafter the same shall apply)” for all goods manufactured and sold by the Plaintiff, and filed an application for trademark registration on April 1, 2014.

(K) d.

On the other hand, from April 25, 2015 to May 2015, the Defendant attached the instant design and the instant mark to the clothes, etc., and sold in KRW 15,000 the clothes with the said design and mark attached.

(hereinafter referred to as "the instant clothing"). [Grounds for recognition] The fact that there is no dispute, each entry of Gap evidence 1 through 7 (including paper numbers), and the purport of the whole pleadings.

2. The plaintiff's ground for claim

A. The Defendant suffered damages by committing an illegal act selling the instant clothing without the Plaintiff’s permission or consent, such as reducing the Plaintiff’s sales proceeds. As such, the Defendant is liable to compensate the Plaintiff for damages equivalent to the amount of profit accrued from the sale.

B. The defendant sold the instant clothing equivalent to at least 1,000 to 3000 and earned net profit of at least 6,000,000 won. Thus, the defendant shall pay to the plaintiff 5,00,000 won, which is a part of the amount.