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

A. On April 25, 2017, the Plaintiff entered into a contract with the Defendant for a franchise store “C”, Smoking P, and at the time, the Plaintiff agreed to perform construction works to change the interior and interior facilities of the Seosan Seo-gu D and the second floor (hereinafter “instant store”) from the existing PC bank to the car page at the cost of KRW 30 million.

B. The Plaintiff filed a trademark application with the Korean Intellectual Property Office as G for the application number of the attached mark in the name of E date (hereinafter “instant mark”).

C. On July 25, 2007, the Defendant registered his/her business with the trade name “H” and operated a car page in the instant store from August 1, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 10, 11 (including those with serial numbers; hereinafter the same shall apply), plaintiff's assertion of the purport of whole pleadings

A. The Plaintiff entered into a franchise agreement with the Defendant, and agreed with the Defendant to operate the said C directly, and to distribute the profits to 50:50.

Then, the Plaintiff and the Defendant agreed to use the instant mark, which is the mark of the non-Smoking car page, the Plaintiff was preparing for the registration of the application, as the trade name of the store of this case, upon requesting the Plaintiff to change the mark into the non-Smoking car page.

Nevertheless, unlike the above agreement, the defendant operated the store of this case independently from August 1, 2017. Thus, the plaintiff terminated the agreement with the defendant by serving a duplicate of the complaint of this case.

B. Therefore, the defendant should no longer use the mark of this case in the burial of this case, and destroy the mark of this case as indicated in the burial of this case. The plaintiff must pay to the plaintiff money calculated at the rate of KRW 100,000 per day from the delivery date of a copy of the complaint of this case to the expiration date of the use of the above mark (claim for Prohibition of Mutual Use and Indirect Compulsory Performance). (2) The defendant shall pay to the plaintiff the plaintiff the additional cost payable to the plaintiff 7 million won, and the amount payable to the family office of this case.