1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) The Defendant’s registered design (No. 3) 1)/ the filing date/registration date: The name of a product C/D/E 2: F3: 4) design explanation and major drawings: as shown in attached Table 1.

(b) Name of the product subject to verification 1) drawings: F2): Main drawings: as shown in attached Form 2;

C. On February 23, 2019, the Defendant filed a motion for the trial to confirm the scope of right on the ground that “The design of this case and the design subject to the registered design are identical or similar to the overall shape and pattern, so the challenged design falls under the scope of the right of the registered design of this case.” (B) On August 22, 2019, the Korean Intellectual Property Tribunal rendered a trial ruling cited by the Defendant on the ground that “the design subject to the registered design of this case and the design subject to the registered design of this case fall under the scope of the right of the registered design of this case, because the registered design of this case are similar to the registered design of this case and falls under the scope of the right of the registered design of this case.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The gist of the Plaintiff’s assertion cannot be deemed to fall under the scope of protection of the registered design of this case, since the overall aesthetic sense of the registered design of this case is not similar for the following reasons.

Therefore, the trial decision of this case, which was otherwise decided, is unlawful.

1) On the other hand, the registered design of this case is purchased as follows: (a) the part of the challenged design and the registered design of this case, including the protruding shape at the bottom of the original body body; (b) the shape of protruding out; (c) the shape of protruding-type cable connection room in the outer body surface; and (d) the shape of protruding-type cable connection room; and (e) the formation structure of protruding-type covering structure, etc. falls under the part that is essential to secure the function of publicly known or widely known in contact products; and (b) the proportion at the time of determining the similarity of both designs.