1. The plaintiff's claim is dismissed.

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

1. Presumed factual basis

A. The Plaintiff is a legal entity that manufactures and distributes products, such as horses, gingings, earthings, etc., and the Defendant is a legal entity that manufactures, distributes, and trademarks products with the trademark “NEPA” (hereinafter “NEPA”) attached to the trademark “instant trademark”.

B. On June 12, 2008, the Plaintiff entered into a trademark use agreement (hereinafter “the first agreement”) with Pyeongtaek L&C Co., Ltd. (hereinafter “SP”) with the trademark of this case, on payment of the trademark usage fee equivalent to 4% of the sales amount, in return for the manufacture and sale of the two kinds of horses using the trademark of this case, and the period of trademark use was from September 1, 2008 to August 31, 201.

C. On August 29, 2011, the Plaintiff, using the instant trademark with a non-party company, concluded a trademark use agreement with the content that the sales amount is 5% from September 1, 201 to August 31, 201 (hereinafter referred to as “second contract”) to the effect that: (a) the Plaintiff produced both horses, strings, strings/ puts, puts, and put money; and (b) sold only 3% of the sales amount; and (c) the trademark use period is from September 1, 201 to August 31, 2014 (hereinafter referred to as “second contract”).

On June 5, 2012, after the division of the company, the non-party company changed the user of the trademark right of this case to the defendant, and around that time between the plaintiff and the defendant entered into a contract with the non-party company to change the subject of the second contract to the defendant.

E. On August 30, 2014, the Plaintiff is “third-party contract under the trademark use agreement with the Defendant during the trademark use period from September 1, 2014 to August 31, 2015.”

(2) The main contents are as follows:

Article 2. Trademarks

1. The trademark that the plaintiff may use under this Agreement shall be added to the trademark

1. Trademarks which are entered in the details of trademarks;

3. The details of goods that the Plaintiff may sell by attaching the trademark under paragraph (1) (hereinafter referred to as “main goods”) are as follows:

-raw goods: cryp, typ.