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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the holder of the service mark right of the patented invention (hereinafter “instant patent”) and the registered service mark (hereinafter “instant service mark”) as follows:
The title of the instant patent 1) invention: C2) filing date/registration date//registration number: D/E/F3: The filing date of the instant service mark 1) / The filing date of the Plaintiff, G Co., Ltd. / the date of registration/registration number: J/K/ L2: The Plaintiff, G Co., Ltd.: the service right holder: the service right holder: the service right holder of the Plaintiff, G Co. 3) the service right: the right to use the “M” to the disadvantaged, the public law to make the temporary embankment under the road while continuing the operation of automobiles operated on an expressway or on a railroad at the time of constructing an underground rail under an expressway or a railroad. The service business and the classification of the service business using the four service marks: Chapter 37 - 256 cases such as the building soundproof facilities construction business, etc.
B. On June 24, 2016, the Defendant submitted a quotation with the following content to the O (O (O, the designer of the said construction, in charge of a quotation for the selection of a construction method) in the bidding of the N (hereinafter “instant construction”).
-Written estimate-Name of Construction: Estimated cost of Construction: 1,164,00,000 won per unit quantity per unit of construction type (VAT Map)
1. Fire-fighting base airspace, earth and sand supply, 1172,000,000
2. M promotional structure hole 4.2m ¡¿ 1,8m ¡¿ 2 heat formula 1965,00,000;
3. 12,00,000 square meters for a base hole or for a day wall; and
4. The fact that there is no dispute over the lawsuit of direct construction cost amounting to 1,164,00,000 (based on recognition), the entries in the evidence of subparagraphs A1 through 3, and the purport of the whole pleadings;
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Defendant used the instant service mark without permission by indicated in a written estimate the term “M” public law in the process of bidding LH Corporation. As such, the Plaintiff is liable to compensate the Plaintiff for damages arising from the infringement of trademark rights. Accordingly, the Defendant also sought payment of KRW 50 million under Article 67-2 of the Trademark Act as compensation for damages.