1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On March 2014, the Plaintiff opened and operated a restaurant that sells Ssampo-si D with the trade name of “E”, and transferred the restaurant to the Defendant by setting the price at KRW 100 million on July 2014.

The Defendant paid KRW 50 million to the Plaintiff on July 24, 2014 and KRW 50 million on August 13, 2014.

B. On July 28, 2014, the Defendant succeeded to the lessee’s status of a rental agreement on a restaurant building from the Plaintiff, and began to conduct business at a restaurant acquired from the Plaintiff after completing business registration for the trade name “E” on August 2, 2014.

The Defendant used the name of the restaurant facilities, the office flag, the telephone number, and the “E” used by the Plaintiff as they are.

Employees have worked even after the defendant's restaurant business transfer.

In October 2016, the Defendant moved a restaurant to Seopo-si C in order to change the signboard to “”.

다. 한편 원고는 F일자 특허청에 ‘ ’ 표장에 관하여 지정 서비스업을 ‘키즈카페업, 주점업, 간이식당업, 레스토랑업, 뷔페식당업, 샐러드바업, 서양음식점업, 셀프서비스식당업, 스낵바업, 식당체인업, 식음료 준비업, 식음료제공서비스업, 포장판매식당업, 패스트푸드식당업’으로 한 상표 출원을 하여 G일자 등록번호 H로 상표 등록을 받았다.

In addition, with respect to the mark "" to the Korean Intellectual Property Office on the I date, the Plaintiff filed an application for trademark registration with the J date registration number K, with regard to the designated service business as "KIKO carpet service, home delivery restaurant service, simplified restaurant service, simple restaurant service, lestoc service, connection restaurant service, plastic restaurant, accelerator service, accelerator service, restaurant restaurant, food and beverage preparation service, packing restaurant business, packing restaurant business, packing restaurant business, packing restaurant business, food and beverage food service business, packing restaurant business, packing restaurant business, food and beverage food service business, packing restaurant business, food restaurant business, food restaurant business, food restaurant business, package restaurant business, food restaurant business, food restaurant business, food restaurant business, food restaurant business, and the tecian food service business."