1. The decision made by the Intellectual Property Tribunal on May 2, 2017 on the case No. 2015Da5572 shall be revoked.

2. The costs of lawsuit shall be.

1. Basic facts

A. 1) Date of application/registration date/registration number / : C/D/ E 2): Designated service business: sexual surgery business, outer surgery business, imposed business, curative service business, hospital hospital business [excluding dental service], skin management business, skin beauty business, cremation service business, marina business (hereinafter “each designated service business of this case”).

4) A trademark right holder: Defendant

(b) Date 1) of application/registration date/registration number : F/ G/H2 Composition: 3) designated service business: Service mark right holder: I: medical machinery, apparatus leasing business, medical equipment leasing business, medical counsel business, medical counselling business, medical X-ray leasing business, medical X-ray leasing business, medical information provision business, pharmaceutical drug inspection business, drug selection, medical care business, nursing, health care business, health examination business, aggregate correction business, physical therapy business, physical therapy service business, remote medical treatment service business, hospital business, pathology service business, sexual surgery service business, and imposed service mark right holder 4);

C. On May 2, 2017, the Intellectual Property Tribunal rendered the instant trial ruling dismissing the Plaintiff’s appeal on the ground that “The instant registered service mark falls under Article 7(1)7 of the former Trademark Act (amended by Act No. 1403, Feb. 29, 2016; hereinafter the same shall apply) and its registration should be invalidated in relation to the prior registered service mark.”

[Ground of recognition] The fact that there has been no dispute, each entry and video of Gap's evidence Nos. 1 through 5, and purport of whole pleading

2. On the grounds delineated below the Plaintiff’s assertion, the instant trial decision should be revoked as it is unlawful.

The interested party shall establish a hospital as a person with the same kind of business with a medical license.