(1) A trademark right holder or an exclusive licensee may claim compensation for a reasonable amount to the extent not exceeding 100 million won (300 million won in the case of willful infringement), in lieu of claiming damages under Article 109 against a person who has willfully or negligently infringed his or her trademark right or exclusive license by using a trademark identical or similar to the registered trademark he or she uses on goods identical or similar to the designated goods. In such cases, the court may recognize a reasonable amount of damages in consideration of the meaning of all pleadings and the result of the examination of evidence. <Amended on Oct. 20, 2020>
(2) A trademark right holder or an exclusive licensee who has filed a claim for damages against infringement corresponding to the former part of paragraph (1) pursuant to Article 109 may change such claim into the claim under paragraph (1) until the court closes pleadings.