1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. Plaintiff’s mutual use and registration 1) Plaintiff’s building E located in Ulsan-gu from December 2, 2008 (hereinafter “Plaintiff’s business building”).

(2) On December 2, 2008, the Plaintiff completed business registration, which covers the Plaintiff’s business building as the place of business, with the trade name “F”. On June 9, 2014, the said trade name was corrected to “D”.

3) The Plaintiff, while operating the said Si Private Teaching Institutes, used the outer wall signboards of the building stating “G” from around December 2008, and used the outer wall signboards stating “D” from the time of correction of the said trade name. 4) The Plaintiff completed the registration of a trade name with respect to the trade name “HD” as its place of business, and the type of business as “the time of physical intervention.”

B. Defendant’s trade name and trademark registration 1) Defendant Ulsan-gu C (hereinafter “Defendant’s business building”)

(2) On July 23, 2014, the Defendant registered the business of the Defendant’s business building with the trade name “D” and operated a private teaching institute entrance to the Sports University using outer wall signboards, etc. indicated as “D” from that time.

3) The Defendant filed an application for trademark registration with respect to the trademark of J’s letter with the designation service business of classification 41 (e.g., sports hall operation business, sports practice guidance business, etc.). In addition, the Defendant filed an application for trademark registration with respect to the combined trademark of figures and letters as shown in the attachment attached to K as designated service business, and completed the registration of the instant L trademark. [Grounds for recognition] The Defendant did not dispute a dispute, Gap’s evidence Nos. 1 through 5, 7, Eul’s evidence Nos. 1 and 2 (including those with a serial number), the inquiry results of the fact-finding on the East U.S. book, the purport of the entire pleadings, and the purport of the entire pleadings.

2. Determination

A. The plaintiff's ground of claim is that the defendant who operates the same kind of business as the plaintiff.