1. The defendant shall not use each mark listed in the separate sheet concerning the restaurant business.

2. The defendant.

1. Facts of recognition;

A. The Plaintiff is a trademark holder of the registered trademark (hereinafter “instant trademark”) as follows, and a registered service mark holder of the registered service mark (hereinafter “instant service mark”).

1) A trademark: Date of application / Date of registration / Number of registered: C/D/ E designated goods: service mark: Date of application / Registration / Date of registration / Number: F/ G/H designated service: No. 43 - Simplified restaurant business, tourist restaurant business, accelerator service restaurant business, restaurant business, traditional restaurant business, temporary unemployment.

B. From May 20, 194, the Plaintiff is operating a restaurant with a large number of merap Newcom with the trade name “I” in the Gangwon Yangyang-gun.

C. The Defendant, from January 25, 200, operated a restaurant with the name of "J" from the point of view of "J" to the point of view on the signboards, etc., indicated the marks listed in the attached Table No. 1 in the attached Table No. 2 as well as the attached Table No. 2 in Jung-gu Seoul, Seoul, also opened a restaurant with the number of state stations as a main line and uses the marks listed in the attached Table No. 2 as business marks.

[Evidence] Facts without dispute, Gap evidence Nos. 2 through 9, the purport of the whole pleadings

2. Whether the trademark right has been infringed

A. The Plaintiff’s assertion 1) The Defendant infringed the Plaintiff’s trademark right and service mark right by using each of the marks indicated in the separate sheet similar to the instant trademark and service mark in relation to the designated goods and designated service business of the instant trademark and service mark. Therefore, the Plaintiff seek prohibition of and compensation for damages from the use of each of the above marks to the Defendant. 2) Defendant 1 had the right to continue to use the said marks in accordance with Article 57-3 of the Trademark Act since the Defendant operated a restaurant by using the marks listed in the separate sheet No. 1 from the date of the instant service mark prior to the filing of the application.

(2) In addition, the trademark and service mark of this case are already the same and similar service mark (No. 02815) of the Korea Food & Drug Corporation as at the time of application.