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(영문) 대전지방법원천안지원 2016.12.09 2015가합101972
상호말소등기절차이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 14, 1959, the Plaintiff registered the establishment of a company that mainly engages in the production and sales of electronic electrical appliances, such as electric winders and heat heating products, with its trade name as “new industrial company,” and at the time of the registration of the establishment, the location of the principal office at the time of the establishment was “Seongsung-si 17” and at the time of the filing of the instant lawsuit, the location of the principal office at the time of the filing of the instant lawsuit was “Mayang-ro 4,000 in the south of the

B. On March 20, 1997, the Defendant: (a) registered the establishment of the name of the court No. 002281 (registration number 16151-0022817) with the receipt number of the registration number on March 20, 1997 as “new industry corporation”; (b) at the time of the registration of the establishment, the location of the principal office was “30-1, Yeong-gu, Sung-nam; and (c) at the time of the registration of the establishment, the location of the principal office was “30-1, Yong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon.”

C. On June 26, 2015, the Plaintiff filed an application for registration of the relocation of the headquarters with the purport of transferring the location of the headquarters to the “308, Seocheon-gu, Seocheon-gu, Seocheon-gu.” However, this court rejected the said application for registration on July 1, 2015 on the ground that “the Plaintiff’s trade name is the same as that of the Defendant, and it is not possible to register the same trade name as that of the Defendant’s registered trade name for the same kind of business in the same cheon-si area, and thus, the said application for registration by the Plaintiff constitutes a case where the purpose of registering a trade name, which cannot be registered pursuant to Article 2

【Reason for Recognition】 Each description of evidence Nos. 1 and 3 (including the number; hereinafter the same shall apply) and the whole purport of the pleading

2. Summary of the parties’ assertion

A. As of July 14, 1959, the plaintiff 1 was a listed company established with the trade name "New Industry Co., Ltd." as of July 14, 1959, and the share in the domestic market of the Pung Pung machine that the plaintiff manufactured and sold is over 40%, and the plaintiff registered the trademark containing the above trade name in 1989, and registered the service mark for the mark containing the above trade name in 191 and 192.

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