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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company established for the purpose of supporting the management consulting and management of hospitals and clinics, the supply of herb drugs and brokerage and mediation business, and the oriental medicine filling service business, which is engaged in the business of receiving certain expenses from the operators of oriental medicine doctors, instead of enabling them to operate one Council member using the trade name "A oriental medicine Council member" and assisting them in business management.
B. On July 25, 2003, the Plaintiff and the Defendant, an oriental medical doctor, entered into a “A branch agreement” with the Defendant to exclusively operate the AB branch in Suwon-si for ten (10) years. According to this, the Plaintiff provided management know-how, employee education, duties, medical treatment manuals, etc. to the Defendant, and provided the Plaintiff’s trade name, trademark, route, and heart expenses, etc. to the same system as that of the Plaintiff’s other branches. In return, the Plaintiff was provided with support for the Defendant to operate the Plaintiff with the same system as that of the Plaintiff’s other branches.
C. From around that time, the Defendant entered into a “A management consulting and trademark licensing agreement” with the Plaintiff on September 30, 201, which partially modified the above contract terms, while operating a Council member with the trade name of “Uwon A,” in the building located in Suwon-si C (hereinafter “the instant Council member”), which was located in Suwon-si, prior to the expiration of the contract term, and the main contents thereof are as shown in attached Table 1.
(hereinafter “instant contract”). D.
However, there were differences between the Plaintiff and the Defendant on the expiration date of the contract term of the instant case, and the Plaintiff filed an application for provisional injunction against the Defendant on the grounds that the contract term of the instant case expired on July 24, 2013 (U.S. District Court 2013Kahap33), and “the Defendant from the court on November 18, 2013” cannot use the service mark listed in attached Table 2 List 2 as to Hanwon’s business.
The defendant shall use the above service mark in signboards and printed matters.