1. The plaintiff's claim is dismissed.

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

Basic Facts

From February 25, 2012, the Plaintiff operated a Chinese restaurant in the Yeongdeungpo-gu D building, E, and F ( Underground Parking Lot) in the name of "C" from February 25, 2012.

From April 12, 2018, the defendant has operated a Chinese restaurant with the trade name "C" in Yeongdeungpo-gu G Building and H in Suwon-si, Suwon-si.

【In the absence of dispute over the grounds for recognition, Gap Nos. 1 and 2, and the plaintiff’s assertion based on Article 23 of the Commercial Code, the defendant used the same trade name while running the same kind of business as the plaintiff. Accordingly, consumers might be mistaken for the defendant’s business.

In other words, the plaintiff suffered loss due to the wrongful use of the defendant's trade name, and thus seek damages from the defendant under Article 23 (1) and (2) of the Commercial Act, such as prohibition of the use of trade name and the cancellation of trade name registration

The defendant asserts that the act of unfair competition (the act of confusion with the main body of business) is an act of causing confusion with the plaintiff's business using the same trade name as the plaintiff, i.e., the act of confusion with the main body of business [the act of confusion with

) Since Article 2 subparagraph 1 (b) of the Act was enacted, the Defendant’s trade name should be prohibited from being used, and the Defendant shall compensate the Plaintiff for damages.

Judgment

First, as to the assertion based on Article 23 of the Commercial Act, Article 23(1) of the Commercial Act provides, “No person shall use a trade name that may be mistaken for the business of another person for an unjust purpose,” and Article 23(2) provides, “a person who, in the event that there is a person using a trade name in violation of the provisions of paragraph (1), is likely to cause damage or a person who has registered the trade name,

"Unlawful purpose" in Article 23 (1) of the Commercial Act means that a person misleads the general public as the business of another person whose name is indicated in his/her trade name by using any name.