A. The plaintiff was established around July 12, 1956 and is engaged in the research and development and manufacturing business of contact points, co-rating agents, cleaning agents, etc., and the plaintiff's parent company's HWorth Limeded was registered on August 4, 1997, after the plaintiff's parent company registered the domain name "H KWorth Lbbe.com" and is currently being used as the plaintiff's official web site until now.

B. The Defendant established around 2001 and sold products, such as lubric oil, washing agents, and solvents, entered into a transfer agreement with the Plaintiff in Korea around 2002, sold the Plaintiff’s products in Korea, and registered the domain name “elb.co.k” (hereinafter “the domain name of this case”).

C. The Plaintiff and the Defendant terminated the transfer agreement on June 2014, and the Plaintiff entered into a new transfer agreement with Blueman (BRC) around July 1, 2014 and then sold the Plaintiff’s product as an official Korean agent.

The defendant has used the domain name of this case until now, and before operating the web site using the domain name of this case, he used the domain name of this case as the defendant's official web site using the same domain name as his company's trade name.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, 11, 12, 15, Eul evidence 6 and 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Article 12(1) of the Internet Address Resources Act provides that “No person shall interfere with the registration of a domain name, etc. of a person with a legitimate title or register, possess or use a domain name, etc. for unlawful purposes, such as obtaining unjust profits from a person with a legitimate title.” Article 12(2) of the same Act provides that “No person with a legitimate title shall register, possess or use a domain name, etc., in violation of paragraph (1).”