1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a registered service mark holder of the registered service mark (hereinafter “instant 1 to 7 service mark”) as follows.

Serial No. 1 C/D E/4 of the filing date of the mark / The filing date of the registration number of the mark / The 2F/GH No. 44: The 3 F/G L No. 44 of the Health Care Business, Medical Service Business, etc.; 4 J/K L No. 44: EJ/K M No. 44 of the Health Care Business, Medical Service Business, etc.; 5 J/N No. 6 J/N No. 44 of the Republic of Korea, such as Non-human post-humanate business, WIG clinic business, WIG clinic business, etc.

B. The Defendant, from November 2007, operates a member of the Council with the trade name “ Qbaony” (hereinafter “Defendant Council member”), entered and indicated each of the marks in the instant implementation marks in the inside and outside of buildings, banners, name cards, promotional materials, transaction documents, etc., and used each of the marks in the instant implementation marks in the tables in attached Table 4, which are operated for the purpose of promoting the Defendant’s business by entering and displaying each of the marks in the instant implementation marks in the tables, etc., as indicated in the attached Table 4, which is operated by the Defendant.

In addition, the defendant operates the domain name of this case on the Internet homepage of the defendant.

[Evidence] Facts without dispute, Gap evidence Nos. 1 to 4, 22 to 23-2, each entry of Gap evidence Nos. 5-1 to 7-4, 9-1 to 10-2, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. On November 2007, the Plaintiff permitted the Defendant to use the instant 1 service mark, but withdrawn his/her intent to permit the use of the instant 1 service mark on November 16, 201.

Nevertheless, the Defendant continues to use each of the instant trademarks and domain names identical or similar to each of the instant service marks, which are the designated service business of each of the instant service marks, in Eina business, etc., thereby infringing the Plaintiff’s service mark right.