공탁금수령권확인
1. On October 26, 2016, C Company 408,943,333 won deposited by the Seoul Central District Court No. 24781 on 2016.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff and Defendant A are companies with the purpose of advertising business, advertising agency, etc., and Defendant DMC media and Defendant Counterclaim Co., Ltd. (hereinafter “Defendant B’s media”) are companies with the purpose of selling Internet advertising media and advertising agency, and Defendant B is employees of Defendant A.
B. Around July 4, 2016, around July 4, 2016, C entered into a DNA advertising agency contract with Defendant A and C.
C. On August 5, 2016, Defendant A suspended D Advertising agency business requested by Defendant A due to financial difficulties, and entered into an agreement on the transfer of the service contract that the Plaintiff and D Advertising agency business to transfer to the Plaintiff (hereinafter “instant transfer agreement”).
The main contents of the transfer agreement of this case are as follows.
The Transfer Agreement (Evidence A No. 1)
1. The transferor shall transfer to the transferee all the amount of advertising expenses to be paid by the transferor under an advertisement agency contract (camp, name D) with the advertiser C;
2. The transferor’s agent service contract under the above paragraph (1) is transferred to the transferee’s agent service contract in extenuating circumstances while the transferor’s defendant A completed and is in progress with advertising orders, advertising agency services, and advertising production.
Therefore, the transferee can accept the above advertising agency contract and finally conclude the contract (the advertising owner C, campaign name D).
On August 9, 2016, the Plaintiff entered into the instant advertising agency contract with C (hereinafter “instant advertising agency contract”).
The instant advertising agency contract is identical with the contents of the advertising agency contract concluded between Defendant A and C, and the main contents are as follows.
Article 1 (Purpose of Contract) of the instant Advertising Agency Contract (No. 2) is necessary for the planning, production, and management of online and off-line advertisements of online games serviced by C (hereinafter referred to as “advertising”).