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(영문) 서울서부지방법원 2019.01.18 2017가단242686
채무부존재확인
Text

1. As to the contract that the Plaintiff (Counterclaim Defendant) entered into with C on June 30, 2017, the Plaintiff (Counterclaim Defendant) is deemed to have entered into with C.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The Plaintiff is a corporation established for the purpose of promoting cultural-related public relations, education, research, and the production and activation of distribution of contents related to D culture through the development of creativity and diversity of D culture. The Defendant is a company that engages in planning and advertising agency business.

On the other hand, the company E (hereinafter “E”) is located in the second floor of Yongsan-gu Seoul, Seoul, the head office of the defendant, as the company that conducts planning and production of performance and exhibition projects, and G is a person who serves as the representative director of E.

B. 1) G, the representative director of E, and the defendant, the German extreme C (C; hereinafter referred to as “C”).

(ii) Hau Hau’s Hau’s Hau P. As a result, G remains in Germany from July 6, 2016 to July 12, 2016, and it was held in C’s overseas performance and Hau’s supervision, and it was held in Germany with respect to the performance within H’s performance (hereinafter “the first German business trip”).

(2) Around November 2016, G proposed a public performance within the Plaintiff’s I supervision or H. On December 2, 2016, G proposed to the effect that, along with the head of the J Public Performance Project Headquarters of the Defendant Company on December 2, 2016, the Plaintiff’s K Content Business Headquarters, L Public Performance Team leader, etc. was scheduled to promote H’s Seoul Public Performance, but around October 2017, it proposed to the effect that it would be a means to take into account the local public performance.

Accordingly, K and L showed positive reaction, and request submission of the budget bill for production cost prior to the conclusion of the production agency contract for H Gwangju performance.

G (M) sent on December 6, 2016 to K (N) and L (O) the budget bill for production cost by e-mail.

3) After reviewing the budget bill, K discussed to the effect that “I would see the progress of H performance on October 2017.” G remains in Germany from December 14, 2016 to December 24, 2016, and held C’s overseas performance with a person in charge of overseas performance, etc. (hereinafter “second German business trip”).

C, in Korea, H. October 2017.

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