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1. The plaintiff's primary claim and the conjunctive claim are dismissed, respectively.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff filed an application for design registration (hereinafter “instant design”) with respect to “C” (hereinafter “instant lighting fixture”), which is the lighting fixture B date, and completed the design registration at D date E.
B. The Plaintiff’s husband F entered the Defendant, who was engaged in the manufacturing of lighting fixtures in 2015, and the Defendant supplied the instant lighting fixtures manufactured using the instant design to the Sungnam Life Co., Ltd., and the Drilling Co., Ltd. (hereinafter collectively referred to as “Manam Life, etc.”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The assertion and judgment
A. The instant lighting fixture was adopted on the apartment model house model building by the Plaintiff’s assertion, and the F, the Plaintiff’s husband, made and supplied the instant lighting fixture to Sungnam, the transaction partner of the construction company, etc.
F did not hold a factory that can produce it. The defendant suggested that "F would allow F to take charge of the development of lighting design and construction model know-how business with the quantity of the supply of lighting fixtures in this case and pay the plaintiff 1/2 of the profit as the fee for the design in this case."
Accordingly, the Plaintiff consented to the use of the design of this case by the Defendant, but the Defendant had F take charge of the free delivery and collection business, and had Sungnam, etc. deliver the instant lighting fixtures to Sungnam, thereby obtaining a total of 50,074,000 won, but did not pay 1/2 of the profit to the Plaintiff.
Therefore, the Plaintiff’s expression of the Defendant’s consent to the use of the instant design is null and void due to the influence of the conditions, and the Defendant, without permission, manufactured and sold the instant lighting fixture using the instant design. Accordingly, the Defendant around the Plaintiff.