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(영문) 부산지방법원 2019.06.19 2018가합50396
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the manufacturing business of industrial plastic products, etc., and the Defendant is a person who conducts golding business under the trade name of “C”.

B. On October 19, 2012, the Plaintiff entered into a contract with the Defendant for the development and production of the gold cat-type for pets, but the said contract was terminated due to the cost issues, etc. on September 2015.

C. The Plaintiff filed an application for design registration as follows, and completed the design registration with the E-Date F.

(hereinafter “instant registered design”). A product subject to one design: a description of the design for a pet circuit;

1. The material of this article is synthetic resin . 2. The whole material is a transparent or semi-lucentable material, and the combination of the essential form and shape of the stip in which the stip influor design is used for experiment, etc. is the combination of the stip influor design and the shape of the stip influor, which is the essential part of the design creation, shall be the shape of the 2nd floor map and drawing;

C. On the other hand, around June 2016, the Defendant sold the emul type for the pets (hereinafter “instant gold type”) to G Co., Ltd. (hereinafter “G”), and G produced the emul form for the pets by using the said gold type.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 and 5 evidence (if there are provisional numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s assertion infringed the Plaintiff’s design right by selling the gold paper in this case, which is used exclusively for the production of the satpet belt for the design similar to the registered design of this case, and thus, the Plaintiff should pay KRW 275 million to the Plaintiff for the damages incurred by the Plaintiff due to the said infringement.

3. Determination

A. In light of the following circumstances, as to whether a design right has been infringed, the respective descriptions of evidence Nos. 2 and 5 are produced in the form of the instant gold, solely based on the aforementioned evidence and the purport of the entire pleadings.

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