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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 2014, the Plaintiff and Defendant B entered into a contract for transfer and acquisition of the restaurant (hereinafter “instant contract”) with the content that the Plaintiff would transfer the instant restaurant to Defendant B for a premium of KRW 70,000,000 (hereinafter “instant restaurant”) while operating the restaurant that sells the instant restaurant under the mutual name of “E” in Gwangju North-gu D (hereinafter “E”).
B. The Defendant B paid KRW 70,00,000 premium under the instant contract to the Plaintiff from December 28, 2014 to January 16, 2015. On December 22, 2014, Defendant C, one of its wife, completed business registration and business report using the trade name of the instant restaurant in the name of Defendant C as “E” and is operating the instant restaurant until now.
C. The Plaintiff’s registration of service mark filed an application for the registration of service mark under F’s trade name, “A’s E,” such as “B,” and filed for the registration of service mark under H’s trade name, “A’s E,” and the Plaintiff filed for the registration of service mark under the following: (a) the Plaintiff filed for the registration of service mark under the trade name, “A’s E,” and (b) the Plaintiff’s holder as to the first service mark
(hereinafter the above service marks are “each of the service marks of this case” (hereinafter referred to as “each of the service marks of this case”).
D. On May 1, 2015, the Plaintiff: (a) registered the franchise business operator with the trade name “E”; (b) thereafter, the Plaintiff directly transferred the restaurant from the J of Gwangju Mine-gu to K and operated the head office of “E” restaurant; and (c) the Plaintiff entered into a franchise agreement with L, M, N,O, etc. (hereinafter “L, etc.”) after commencing the franchise business of the “E” restaurant; and (d) currently L, etc., opened a restaurant in the Seoul Northern-gu P, Q, Gwangju Mine-gu R, Gwangju Mine-gu, etc. with the trade name “E” and is operating the restaurant.
[Reasons for Recognition] Unsatisfy, Gap 6, 9, 15, 18, 20, 21.