1. The defendant is a trade name called "B" with respect to the business of the company operated by the Gyeyang-gu Seoul Metropolitan Government C.

1. Basic facts

A. The Plaintiff’s establishment and business activity 1) on April 17, 1980, the Plaintiff was established for the purpose of fire-fighting facility construction business, electrical construction business, and fire-fighting facility maintenance business, etc. on the electric utility district D on April 17, 1980, and operated the fire-fighting facility construction business and fire-fighting facility maintenance business under the trade name “limited company A” from the time of its establishment, and made a report on the closure of business as to the fire-fighting facility management business on December 7, 2018. (b) The Defendant was established on December 5, 2018 by registering his trade name as “limited company B” (hereinafter “instant trade name”).

2) E, directors, F, and G, etc., the Defendant’s representative director, served as the Plaintiff’s employee by the end of November 2018, and established the Defendant as above after withdrawal. [Grounds for recognition] The Defendant did not dispute any dispute, and the evidence Nos. 1 through 4 (including serial numbers; hereinafter the same shall apply)

written evidence Nos. 5, 12 through 17, and the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion, the Defendant’s trade name, “B,” is similar to “A,” the Plaintiff’s trade name, which could mislead the Plaintiff into the Plaintiff’s business, and is similar to the Plaintiff’s trade name used for an unjust purpose or widely recognized in Korea, taking advantage of the Plaintiff’s credit and reputation accumulated by the Plaintiff, thereby causing confusion with the Plaintiff’s business.

Therefore, pursuant to Article 23(2) of the Commercial Act or Article 4(1) of the Unfair Competition Prevention Act, the Plaintiff seeks to prohibit the use of the trade name of this case and abolish its trade name registration, and seek payment of KRW 51,883,203 as damages.

B. Article 23(1) of the Commercial Act provides that “No person shall use any trade name that may be mistaken for the business of another person for an improper purpose.” Article 23(2) of the Commercial Act provides that “No person shall use any trade name that may be mistaken for the business of another person.”