1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a trademark right holder who completed the registration of entire transfer of trademark rights on November 4, 2014 with respect to the registered trademark below (hereinafter “instant registered trademark”).

1) Date of application/registration date/registration number: C/D/E 2: Designated goods: 3) for bicycles, stand for bicycles, laying for bicycles, laying for bicycles, labeling for bicycles, etc. (Omission of designated goods);

B. The Defendant using the Defendant’s position and mark has imported and sold bicycle products, such as bicycle peds, bicycle stand, etc., on which the mark of “F” (hereinafter “instant use mark”) has been marked from around 2009, as a person who runs wholesale and retail business of sports products from around 2006, at the latest.

[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 4, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The summary of the Plaintiff’s assertion infringed the trademark right of the instant registered trademark by using the instant mark identical or similar to the instant registered trademark to goods identical or similar to the designated goods of the instant registered trademark.

Therefore, the defendant is obligated to compensate the plaintiff for the business losses suffered by the plaintiff due to the infringement of trademark rights of the registered trademark of this case. Thus, the plaintiff claims against the defendant for the payment of KRW 100 million as part of the damages.

(A) a request for an obvious part of the claims.

The defendant's summary of the defendant's assertion is that the mark of this case is continuously used with the mark of this case on the bicycle goods without the purpose of unfair competition in Korea prior to the application for the trademark of this case, and since the mark of this case is recognized to be indicating the defendant's bicycle goods among domestic consumers at the time of the application for the trademark of this case, the defendant is a prior user under Article 99 (1) of the Trademark Act, and the defendant has the right to use the mark of this