1. The defendant shall use each type name stated in the form of a sign or manufacture, sell, and sell the goods using such name.

1. Basic facts

A. The Plaintiff, under the trade name of “C”, manufactures and sells agricultural products accelerators (a machine connected with agricultural products, such as flowers, spath, math, and drilling, by volume or weight), and “D” manufactures and sells agricultural products accelerators (hereinafter “Plaintiff’s products”). The Plaintiff’s products were registered in the Agricultural Machinery Price House from around 2012 to be subject to government support under the Agricultural Mechanization Promotion Act and its subordinate statutes and guidelines. The Plaintiff’s products are agricultural machinery suppliers eligible for government support, whose performance guarantee was provided by the Korea Agricultural Machinery Industry Cooperatives (hereinafter “FF”) after-sales performance.

B. The Defendant, under the trade name of “E, engaged in wholesale and retail business of agricultural machinery, equipment, etc., and manufactured and sold an agricultural products accelerator (hereinafter “Defendant products”) indicating “F” from March 30, 2012 to November 30, 2014.

[Ground of recognition] Facts without dispute, Gap's statements as to Gap's 1, 2, 5 through 16, 24 through 27, 37 through 47, 63 (including branch numbers; hereinafter the same shall apply), Eul's statements as to Gap's 1 through 13, and 18 through 22, and the purport of the whole pleadings

2. The plaintiff's judgment as to the cause of the claim is based on the following grounds: ① act causing confusion, ② act causing confusion, ② act of misunderstanding quality, ③ act of imitateing goods, ④ act of reproducing goods under the Civil Act, and ④ act of misunderstanding quality, etc. among the above arguments, we examine from the argument of misunderstanding.

A. The gist of the Plaintiff’s assertion is the agricultural machinery subject to government support. The name of this case is the agricultural machinery subject to government support, and a certain quality concept guaranteed by the agricultural machinery cooperative as the agricultural machinery type subject to government support has been embodied, and the product manufactured and sold by the Defendant, as such, can give substantial guarantee to ordinary consumers.