채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a company engaged in the business related to education and culture, performance, exhibition, event agency business, etc. The Defendant is a local public enterprise established to attract Daejeon visitors through Daejeon City brand and marketing business pursuant to the Local Public Enterprises Act.
B. Article 3 (Contents of Joint Venture) B (the Defendant; hereinafter the same shall apply) of the Agreement entered into shall invest 350,000,000 won in cash and bear the responsibility for the installation, maintenance, management, and operation of the exhibition facility for other expenses.
Article 4 (Rights and Duties) (1) Rights and Duties of A
(a) A shall take charge of overall operation of exhibitions, such as overall planning and rental of exhibitions, broadcasting advertising, group sales, etc.;
(b) Where A enters into a contract with a third party for the operation and preparation of the exhibition, the contract shall not cover the obligations arising out of the contract in question.
(2) Rights and obligations of B
(a) Eul shall deposit KRW 350,000,000 in cash to a new account with which Gap and Eul are affixed, in accordance with the date agreed to the joint management account;
Article 6 (Execution of Duties, etc.) (1) An external performance of duties shall be responsible for A, but no liability shall be borne for the obligations, etc. incurred by a contract entered into with a third party for the operation and maintenance of an exhibition.
(2) The parties to a contract with A (third parties) who are not liable to B for any obligation arising in connection with the contract shall deliver to B the contract in which the terms of the contract include the terms of the contract "not asserting the default of, or any loss to, the obligation arising out of, the cause attributable to A".
Article 7 (Distribution and Settlement of Income) (1) A shall give priority to returning the investment principal of B, but exclude personnel expenses, the maintenance of exhibition facilities, and the repair expenses from the sales proceeds generated from the operation of the exhibition.