1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Plaintiff, who operated a sufficient restaurant business from around 1997 to around 1997 with the trade name “E” in the East Sea, entered into an agreement with Defendant B on October 15, 2005, to transfer to Defendant B, and receive money from Defendant B in return (hereinafter “instant agreement”).

(2) According to the agreement of this case, Defendant B entered into the agreement of this case: (a) is unable to transfer to another person all matters related to satisfaction such as satisfaction processing techniques (including sacriffys) and know-how transferred by the Plaintiff; (b) is unable to operate any business in another area beyond Daegu; and (c) is prohibited from opening any branch of the agreement of this case (the agreement of this case states that, with respect to the area for which Defendant B is able to operate, it shall not be limited to Gangseo-gu area; (b) however, according to the agreement of this case, the agreement of this case states that “the area for which Defendant B is able to operate is able to operate may not be able to operate in another area beyond Daegu,” and (c) the penalty shall be paid to the Plaintiff.

B. Around October 2005, Defendant B, who started a sufficient business of Defendant B, paid the money to the Plaintiff pursuant to the instant agreement, and began a sufficient restaurant business with the name of “G” in Daegu Dong-gu, Daegu-gu, after receiving sufficient parts from the Plaintiff.

C. Defendant B’s trade name change and division establishment 1) while operating a sufficient restaurant as above, around February 2012, Defendant B opened a subdivision store in Daegu Northern-gu H with the Plaintiff’s consent. Around April 2012, Defendant B changed the trade name of the sufficient restaurant in Daegu-gu, Daegu-gu, into “I” and changed the trade name of the above H branch in the same manner as that of the above H branch, and thereafter, the branch store in another area within Daegu-gu (hereinafter “instant branch store”).

(2) On the other hand, Defendant B filed an application for a service mark against JJ “I” and filed for registration (registration L) with the Korean Intellectual Property Office.