채무부존재확인 등
1. The part concerning the counterclaim in the judgment of the first instance, based on the appeal by the Defendant (Counterclaim Plaintiff) Seoul Cultural Institute.
1. The summary of the instant lawsuit concluded a license agreement with Defendant Seoul Cultural Co., Ltd. with the content that the Plaintiff holding exclusive rights to 3D animation in the Republic of Korea to produce publications using 3Dimation, and between Defendant Seoul Cultural Co., Ltd. and Defendant Seoul Guarantee Insurance Co., Ltd. concluded a performance guarantee insurance contract with the content that the Plaintiff guarantees the Plaintiff’s performance of the obligation to return advance payment of KRW 200 million to Defendant Seoul Cultural Co., Ltd., and Defendant Seoul Cultural Co., Ltd terminated the publishing license agreement with the expiration of the period of termination, even if the Plaintiff did not have any obligation to return advance payment or the Plaintiff did not have any obligation to return the damage claim arising from the nonperformance of the Defendant Cultural Co., Ltd.’s obligation to return advance payment as the automatic claim even if it offsets the obligation to return advance payment by the Defendant Cultural Co., Ltd.’s obligation to return advance payment claim against Defendant Seoul Guarantee Co., Ltd., by asserting that advance payment obligation would expire.
The counterclaim of this case is a case where Defendant Seoul Cultural Co., Ltd. claims the return of advance KRW 200,000,000 paid to the Plaintiff due to the restoration of the original state by asserting that the Plaintiff did not perform the obligation to provide the Plaintiff under the publication license agreement and the publication supply contract between Defendant Seoul Cultural Co., Ltd. and copyright holders to enter into the publication license agreement, and that the Plaintiff rescinded the publication license agreement. The counterclaim of this case is a case of seeking the return of advance payment KRW 200,000 and
The judgment of the court of first instance accepted some of the counter-claim claims by the defendant Seoul Cultural Institute (the part of advance payment KRW 200 million) and the plaintiff's defendant.