1. The defendant,

A. It shall not use the trade name “A” in the Chungcheongnam-gun and shall be called “A”.

1. Basic facts

A. On September 16, 2009, for the purpose of running funeral business, funeral supplies sales business, and lending business, the Plaintiff registered the incorporation of the Daejeon District Court as Hongsung-gun, the location of its principal office as A, and completed the registration of the establishment of the establishment of the Hongsung-gun. The Plaintiff completed the registration of the establishment of the establishment of the Hongsung-gun, Daejeon District Court on September 22, 2009.

B. On May 1, 2010, E registered its business with the trade name of A, and from Jun. 15, 2010 to Jun. 15, 2010, E registered its funeral home (hereinafter “instant funeral home”). The Defendant leased the instant funeral home from E to Jun. 1, 2013, and runs the funeral home business with the trade name of A from May 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1, Eul evidence 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

(a) In determining the cause of the claim, no person shall use for an unjust purpose any trade name which may be mistaken for another person's business (Article 23 (1) of the Commercial Act), and where there is a person using a trade name in violation of this Article, any person whose damage is likely to be caused or any person who has registered the trade name may request the cessation of the trade name (Article 23 (2) of the Commercial Act) and any person using the trade name registered by another person in the same Special Metropolitan City, Metropolitan City, Si, or Gun as the same business (Article

(4) According to the above facts, the trade name used by the defendant, "A", which is a trade name registered by the plaintiff, is omitted only from the text of "A", which is a trade name registered by the plaintiff, and it is clear that it is a trade name used for funeral home business, which is a type of business, in Chungcheongnam-gun G, Hongsung-gun, which is the same area, which may be mistaken for the plaintiff's business as the business of the plaintiff. If the defendant uses the trade name registered by the plaintiff in the same group of business

Therefore, the plaintiff is the defendant.