1. The plaintiff's claims against the defendants are all dismissed.

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

1. Facts of recognition;

A. From March 2, 2009, the Plaintiff is operating a restaurant with the trade name “C” in Namyang-si, Namyang-si.

B. The Plaintiff registered the mark “F” in the service mark register under the Trademark Act.

C. Defendant B entered into a franchise agreement with Defendant Rup Energy Co., Ltd. on October 9, 2012 and operates a restaurant in the name of “C” in the Chungcheong Hong-gun.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendants’ act of running business using the trade name “C” identical or similar to the service mark “F” registered with the Korean Intellectual Property Office (hereinafter “Unfair Competition Prevention and Trade Secret Protection Act”)

(2) The Plaintiff constitutes an unfair competition act under Article 2 subparag. 1 (b) of the same Act, and thus, sought prohibition against the Defendants from using the mark containing the phrase “C” under Article 4 of the same Act, and seek removal and destruction of the signboard, etc. on which the above mark was used. (2) The Defendants infringed the Plaintiff’s service mark right by operating the business using the trade name “C”, and thus, the Plaintiff, a joint tortfeasor, claiming damages of KRW 50,000,000.

B. First, we examine whether the Defendants’ act of operating a business using the trade name “C” constitutes an unfair competition act.

Article 2, subparagraph 1 (b) of the Unfair Competition Prevention Act provides that "it causes confusion with other person's business facilities or activities" shall not only cause misconception that the business mark itself is identical, but also cause general consumers or traders to use a mark identical or similar to other person's business mark widely known in the Republic of Korea, and it is close to capital, organization, etc. between users of marks identical or similar to the subject of the relevant business mark.