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(영문) 서울중앙지방법원 2015.11.12 2014가합548606
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On August 29, 201, the Plaintiff asserted that the term of the contract was seven years between the Defendant and the Defendant, and entered into an exclusive contract with the Defendant under which the Defendant delegated the exclusive management authority for the activities of popular culture artists to the Defendant.

On December 26, 2013, the Plaintiff terminated the exclusive contract on the ground of the Defendant’s breach of contract.

Accordingly, the plaintiff's future entertainment activity is likely to place restrictions on the plaintiff due to the defendant's ground for the exclusive agreement of this case.

2. We examine ex officio the benefit of confirmation as to the benefit of confirmation.

A lawsuit for confirmation is recognized when it is the most effective and appropriate means to obtain a judgment of confirmation in order to eliminate the danger or apprehension with respect to the existing danger or apprehensions in the rights or legal status.

In this case, the fact that the Defendant notified the termination of the exclusive license agreement for the reason of violating the Plaintiff’s contract is apparent in the record by delivering a preparatory document as of January 29, 2015 during the lawsuit in this case. Thus, there is no dispute as to the fact that the exclusive license agreement in this case does not exist. Accordingly, it cannot be said that there is any danger or apprehension in existing legal status of the Plaintiff’s right or legal status as to the existence of validity of the exclusive license

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

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