1. The plaintiff's claim is dismissed.

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

1. Summary of the parties' arguments;

A. The plaintiff's assertion has long long been registered under the name of "E" in the name of his wife, Nonparty D, and then is engaged in sales of salted fish, and the defendant started to engage in the business of selling salted fish and food materials in the trade name of "F" around April 25, 2013. The defendant files an accusation against the plaintiff as a violation of the Food Sanitation Act for the purpose of interfering with the plaintiff's business's sales, and changing the plaintiff's trade name from May 23, 2013 to "E" similar to "E" operated by the plaintiff. This constitutes a case where the plaintiff uses a trade name that could be mistaken for another person's business for unjust purposes, and the plaintiff constitutes a person who suffers damage therefrom, and thus, the defendant's use of the "C" under Article 23 (1) and (2) of the Commercial Act is prohibited.

B. The Defendant’s assertion that he/she had no longer run the business by closing the “C” on January 30, 2014, and thus, the Plaintiff’s claim based on the premise that the Defendant uses the trade name “C” is without merit.

2. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 and 3, the Plaintiff’s wife completed business registration with the trade name “E” around November 22, 201, and the Defendant may recognize the fact that he/she is operating food materials sales business after completing business registration with the trade name “C” from May 23, 2013. However, there is no evidence to acknowledge that the Defendant would cause damage to the Plaintiff by using the trade name “C” (as seen above, “E’s business registrant”). Meanwhile, in full view of the purport of the argument in evidence Nos. 1 and 3, the Defendant did not operate business any longer by closing the “C” on January 30, 2014, and thus, the Defendant’s claim by the Plaintiff premised on the Defendant’s use of the trade name “C” is examined as to the remainder.