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(영문) 서울중앙지방법원 2020.01.17 2019가단5144960
기타(금전)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff entered into an exclusive contract with the Defendant who is operating an entertainment planning company.

The defendant, as a representative of entertainment planner, failed to perform his/her duty to actively support the plaintiff's activities pursuant to the above contract, but did not perform his/her duty under the above contract, such as not distributing all profits to the plaintiff, even though the plaintiff worked for more than two years as an artist belonging to the defendant.

Accordingly, the Plaintiff notified the Defendant of the termination of the above contract, thereby seeking confirmation that the above contract is null and void.

2. On the basis of ex officio determination as to the legitimacy of the instant lawsuit, a claim for health care and lawsuit claims are limited to specific rights or legal relations, and the benefit of confirmation in a lawsuit for confirmation is more likely to be removed from existing risks or instability in the Plaintiff’s rights or legal status because the existence or absence of legal relations, which are the subject matter of lawsuit, is unclear and immediately confirmed between the parties.

(see, e.g., Supreme Court Decision 93Da40089, Nov. 22, 1994). In full view of the respective descriptions of evidence Nos. 1 and Nos. 1 and 2, the Plaintiff’s party who entered into an exclusive contract for popular culture artists on April 26, 2016 is not the Defendant, but the Defendant’s representative director is C.

Therefore, the instant lawsuit is seeking confirmation of invalidity of a contract against a person who is not a contracting party, and it is difficult to recognize that there may be removal of existing risks or instability in the Plaintiff’s rights or legal status through confirmation of invalidity.

Ultimately, the instant lawsuit is unlawful as there is no benefit of confirmation.

3. The instant lawsuit is dismissed.

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