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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 6, 2015, the Defendant entered into a contract with Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on behalf of the Defendant on behalf of the Defendant for the sales of a ticket and the Nonparty Co., Ltd. to sell a “D” performance and a “E” performance under the supervision of the Nonparty Co., Ltd. on behalf of the Defendant on October 6, 2015, and the Nonparty Co., Ltd. to sell a ticket, etc. on behalf of the Defendant. The Nonparty Co., Ltd. paid a fee according to the ratio as stipulated in the contract, and the Defendant paid a fee to the Defendant for the sales of the ticket and other all expenses after deducting all expenses, such as fees, from the sales of the ticket (hereinafter “instant agency contract”).
On the other hand, around October 6, 2015, the defendant and the non-party company paid the non-party company KRW 3,500,000 as advance payment for the above two performances, and the above advance payment was concluded under the contract for the first vicarious execution of the instant case under which the defendant would offset the sales price of the diskettes paid to the non-party company (hereinafter "the instant advance payment contract"), and the defendant paid KRW 3,50,000,000 to the non-party company as advance payment, and the notary public prepared the document for cash consumption and loan contract with the content that the non-party company would pay the said advance by December 31, 2016 as an advance payment under the contract for the first vicarious execution of the instant case.
According to the instant contract for the first vicarious execution, the sales price of tweet to be paid by the Defendant to the non-party company falls short of the advance payment made by the non-party company. As of December 15, 2018, the remainder of advance payment that the Defendant failed to pay is KRW 1,013,164,981, even though it offsets the sales price of tweet under the instant contract for the first vicarious execution.
(2) On May 24, 2019, the Defendant entered into an agency contract for sales of diskettes with the Nonparty Company on May 24, 2019, and the Nonparty Company’s performance (from September 7, 2019 at the time of public performance to October 20, 2019; hereinafter “this.......”