1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From June 16, 2010 to Kimhae-siD, the Plaintiff’s leakage, registered his/her business with the trade name “E” and operated a middle restaurant. The Plaintiff, from May 11, 201, operated the middle restaurant with the same trade name.

B. From January 13, 2011, the Defendant registered his/her business with the trade name “G” from Kimhae-si F, and then operated a middle restaurant business, and changed the name into “H” on June 25, 2015.

C. The defendant, using the current trade name and the trade name “G” as well as “I” at the same time, has published an advertisement in a local advertisement site published in the area of Kimhae-si.

[Ground of recognition] A without dispute; Gap evidence 1 and 5; Eul evidence 1; Gap evidence 3-1 and 2; Gap evidence 3-2; the result of this court's order to submit tax information on Kim Maritime Affairs on June 24, 2016; the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. In addition to the Plaintiff’s trade name “G”, the Defendant posted an advertisement in the advertisement place in the same name as “I” as that of the Plaintiff’s trade name, and as a result, the Plaintiff’s sales decrease, the Defendant is obligated to pay the Plaintiff property damage amounting to KRW 10,000,100 and KRW 10,000,000 and KRW 20,000,000.

B. Article 23(1) of the Commercial Act provides that “No person shall use any trade name that may be mistaken for another person’s business for an improper purpose.”

"Unlawful purpose" referred to in the above paragraph means the intention of causing the general public to misunderstand the business of another person whose name is indicated in that name by using any name in his/her trade name.

(see, e.g., Supreme Court Decision 2001Da72081, Mar. 26, 2004). The evidence No. 5, each of the images of No. 3 through No. 17 (including each number), the witness J’s testimony and all of the arguments are considered as a whole.