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1. It is confirmed that there is no obligation listed in the separate sheet against the Defendant (Counterclaim Plaintiff) by the Plaintiff (Counterclaim Defendant).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On April 4, 2014, the Defendant: (a) entered into a license agreement for the commercialization of the character to the said character (hereinafter “instant agreement”) with the Plaintiff and D, a company holding the right to permit the character copyright of the “C”, a mobile game character, or the right to commercialization based thereon; and (b) manufactured and sold the sponse type using the said character.
B. On February 26, 2015, the Defendant concluded the instant contract with the Plaintiff for the production of a dynasium, on the premise that C would have made a high seal and make an investment in the promotional activities, such as the production of an animation, and paid KRW 5,500,00 for the suspension of production of animation. However, the Defendant did not have any active publicity unlike the prior guidance, and did not make any investment and publicity at all, such as the production of animation and the suspension of production. As such, the Defendant notified the Plaintiff that he would seek the return of KRW 5,00,000 for the production of a dynasium, and request for a lawsuit by adding up to KRW 3,00,000 for the production of sampling if he/she fails to comply therewith.
On March 11, 2015, the Plaintiff informed the Defendant of the aforementioned matters concerning the production of animation and the extension of broadcasting, but, in consultation with the Defendant on September 2014, the Plaintiff continued to perform ordinary duties, such as discussion of C mobile game items, product design assumption, and provision of animation work for the relevant product, which are attached to D products until September 2014. C mobile game continues to be promoted by holding a large amount of money, and thus, it is difficult to respond to the Defendant’s request.
‘The answer' was made to the effect that the answer was made.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, and 4, the purport of the whole pleading
2. The assertion and judgment
A. After entering into the contract of this case as the cause of the principal claim, the Plaintiff sought to proceed with the contract of this case under the agreement with the Defendant, but the Defendant also tried to do so.