1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a trademark holder of the registered trademark “C” (hereinafter “C”) and the Defendant is an enterprise that produces and sells healthy sites, etc.

B. On December 19, 2017, the Plaintiff applied for provisional injunction against the use of the instant registered trademark by the Defendant without permission. On January 12, 2018, the said court rendered a ruling of recommending reconciliation with the purport that “the Defendant shall not produce, sell, distribute, import, export, or exhibit any product, its packaging paper, packing paper, packing paper, advertisement, and advertisement indicated in the attached Table 2” as indicated in the attached Table 2 (hereinafter “decision of recommending reconciliation in this case”), and the decision of recommending reconciliation in this case became final and conclusive because the original Defendant did not raise any objection.

C. On February 20, 2018, the Plaintiff filed an application for indirect compulsory performance with this Court B. On May 9, 2018, the said court rendered a ruling to the effect that “The Defendant shall, from the date of receipt of the instant decision, display the marks indicated in the attached Table 2 on products, their packaging paper, packing paper, advertising advertisements, and shall not produce, sell, distribute, import, export, or exhibit the products indicated in the attached Table 2 indicating the marks indicated in the attached Table 1, and their packaging paper, packing paper, packing container, advertising materials, which are indicated in the attached Table 2, and shall not produce, sell, distribute, import, export, or exhibit them. In the event the Defendant breached the above obligation, the said court rendered a ruling to the effect that “The Defendant shall pay to the Plaintiff the Plaintiff KRW 10,00,00

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

2. Determination on the cause of the claim

A. The plaintiff's assertion continues to infringe the plaintiff's trademark right by manufacturing and selling goods bearing the registered trademark of this case, notwithstanding the decision of recommending reconciliation of this case and the decision of indirect compulsory performance.

Even if the defendant's products to which the registered trademark of this case was affixed were sold because the negligence or the third party's tort was involved as alleged by the defendant, the defendant of this case.