The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

The claims 1.1.

1. The following facts do not conflict between the parties, or may be found as a whole with the whole purport of the pleadings set forth in the evidence Nos. 5, 6, 8, 9, 11, 14, 15, 16, 20, 22, 26, 33 and 38, and evidence Nos. 6 (including each number).

The Plaintiff is engaged in the planning and production of performances, etc., and the English company “B” (hereinafter referred to as “B”) runs the production of musical “C” and other businesses related thereto, and E (E; hereinafter referred to as “E”) is the subsidiary of B.

B. On March 2003, around March 2008, and around December 10, 2010, the Plaintiff entered into a performance license agreement with B as to the musical group (hereinafter “C”) of the title of “C,” respectively. From around 2003 to around 2008, the Plaintiff was produced as a community performance in Seoul, Suwon, Daegu, Busan, Daejeon, Gwangju, etc. on 191 December 2003, 204, 58, 2004, 140, 207, 172, and 2008, with B as a method of jointly planning performances of musical group C in English, respectively.

C. On May 19, 2010, the Plaintiff extended the licensing period for musical performances, etc. from E to July 2015. On the other hand, on January 17, 2011, the Plaintiff revised the terms and conditions of the instant contract between B and B as of December 10, 2010, the Plaintiff was granted an exclusive right to use “C Mark” (hereinafter “C” as to the instant cover “instant sign”).

On the other hand, from around 2003 to June 201, the Defendant produced and performed the musical elements of “children C”, “mental children C” or “Rablymar Children C” in major cities across the country from around June 201.

2. Summary of the plaintiff's assertion

A. The Plaintiff shall grant the exclusive right of performance with respect to musical notes B and the exclusive right of use with respect to the instant marks.