1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) Registration number (a) 1) of the registered design of this case / filing date / Date of registration: The name of a product under Article 30-74732/2/21 February 21, 2013: drawings of portable toilets 3): Attached Table 1; 4) the owner of the design right: the defendant;

B. Prior Designs 1) 1 (A) source of prior designs: Internet bulletin [The list number: 30231602-2240621/ Goods name: c. a.m. mobile toilet/design name: k101; c. July 12, 2012: c. a.m. mobile toilet) photograph: A.m.

as the same shall apply.

2) Prior design 2(A)(attached Form 3(B).

(A) Source A: The name of a mobile toilet installed and supplied on July 17, 201 by the Plaintiff according to a contract for the installation and purchase of mobile toilets concluded by Gangnam-si and the Plaintiff for the implementation of the project to create the ecological culture park around the Gyeongpoles: the mobile toilet c) photograph: Attached 2B.

as the same shall apply.

C. On September 29, 2014, the Plaintiff filed a petition for a trial for invalidation of the registered design of this case against the Defendant on the ground that “The registered design of this case constitutes an identical or similar design as publicly notified prior design before the filing of the petition.” 2) On November 23, 2015, the Intellectual Property Tribunal dismissed the Plaintiff’s petition for a trial on invalidation of the registered design of this case on the ground that “The registered design of this case differs from the prior design publicly notified before the filing of the application, as it is amended by Act No. 11848, May 28, 2013; and it does not fall under Article 5(1) of the former Design Protection Act (amended by Act No. 11848, Jul. 1, 2014; hereinafter the same).”

[Grounds for recognition] The descriptions and images of Gap evidence Nos. 1 through 5, and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion 1 of the registered design of this case and the prior designs are both the body and roof of mobile toilets.