1. All of the plaintiff's claims are dismissed.

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

Basic Facts

On December 24, 198, the Plaintiff, such as the Plaintiff’s trade name use, trademark registration, etc., was a corporation incorporated with the trade name of “stock company Korea-China”, and operated non-ferrous metal wholesale business, etc. from 604-1 DNA block 29 Dong-dong, Guro-gu, Seoul. On July 1, 1996, the head office was transferred to 931-14, Gangseo-gu, Gangseo-gu, Seoul.

On April 14, 2006, the Plaintiff filed an application for the trademark (hereinafter “Plaintiff’s registered trademark”; and completed the registration on February 13, 2007. On July 2, 2008, the Plaintiff filed an application for the service mark (hereinafter “Plaintiff’s registered service mark”; and completed the registration on April 22, 2009.

On April 12, 2006, the Defendant’s trade name and business are a corporation established with the trade name of “stock company’s mother spawning”, and run food materials distribution business, self-spawn lending business, group meal service business, mobile spawn food business, etc. in Gwangju City at 474-13, 474-13. However, on November 26, 2008, the Defendant changed the trade name to “stock company’s spawn spawn” and operated spawn sales wholesale and retail business, spawn sales wholesale and retail business, non-ferrous metal, and air-conditioning steel market sales wholesale and retail business.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 4, and 5 (including each number), the purport of the whole arguments, the claim for prohibition of mutual use, and the claim for cancellation of trade name registration, are asserted by the plaintiff and Article 23 of the Commercial Code, which are alleged by the plaintiff, no person shall use trade name that may be mistaken for another person's business for an unlawful purpose. Any person who violates the above shall be allowed to abolish the trade name and claim compensation for damages. In the case of trade name of registration, a person who uses trade name registered by another person for the same business in the Special Metropolitan City, Metropolitan City, Si,

The defendant shall use goods to the company located in Seoul.