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 trademark right holder of the following registered trademark (hereinafter “instant trademark”).

A trademark: Date of application / Date of registration / Number of registration: The designated goods of June 26, 2009/ June 26, 2009: Category 21 - Dobre, Dobreing, Dobre, Dobre for kitchen, Dobrema

B. From around 2007, the Defendant imported and sold the Australian Doma from around 2007.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion from early 2013, when importing and selling Australia Forest Trees, the Defendant used the trademark of this case on the Internet shopping mall with the indication indicated in the attached list. The Plaintiff infringed the trademark of this case by using the phrase “Nins Cambodia” including the trademark of this case on the Internet portal site, including NAV, by registering it as search advertising or search fishing, on the Internet portal site.

Therefore, as stated in the purport of the claim, the Plaintiff sought compensation for damages of KRW 50 million, the amount of damage suffered by the Plaintiff by the infringement of trademark rights, such as the prohibition of trademark infringement and its infringement.

B. The Defendant’s assertion that the trademark registration of this case is obviously invalidated by the invalidation trial, and thus, the instant claim constitutes an abuse of rights.

3. The Trademark Act provides that the registration of a registered trademark may be invalidated through a trial for invalidation of trademark registration separately prepared in cases where the registered trademark falls under a certain reason. As long as registered, even if a ground for invalidation exists, the trademark does not become a minor invalidation unless a trial decision that the trademark be invalidated by such a trial becomes final and conclusive.

However, even before the decision to invalidate the registration of a registered trademark becomes final and conclusive, if it is evident that the trademark registration will be invalidated by the invalidation trial, the prohibition of infringement or damages based on the trademark right.