1. All of the plaintiff's claims are dismissed.

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

Basic Facts

The Seoul Special Metropolitan City decided to select B as Seoul brand through a public contest process for citizens (hereinafter “instant brand”) and to produce and install publicity sculptures utilizing the instant brand as part of the “urban branding business” that creates a dynamic image by creating branding the Seoul Special Metropolitan City as a product and strengthening the identity.

On October 20, 2015, Seoul Special Metropolitan City publicly announced that a limited competitive tendering procedure should be conducted for the production and installation of sculptures, and C (hereinafter referred to as “Defendant”) operated by the Defendant (hereinafter referred to as “Defendant”) participated in the said bidding as a proposal for the indemnity of attached Table 1-2 (hereinafter referred to as “Defendant’s indemnity proposal”) on November 3, 2015, and was selected as a priority bidder in the proposal evaluation committee implemented on November 5, 2015.

On December 28, 2015, the Defendant concluded a contract with Seoul Special Metropolitan City for the production of sculptures and received KRW 149,97,100 in return for the production and installation of sculptures such as the attached Table 2 in front of the E periodical located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant sculptures”), and received KRW 149,97,100 in return.

[Ground of recognition] The defendant asserts that the plaintiff's claim for compensation against the defendant for damages against the production and installation of the sculpture of this case owned by Seoul Special Metropolitan City, which is unrelated to the copyright, is not a party's standing or constitutes an abuse of rights.

However, in a lawsuit for performance, the standing to be a party is a matter to be determined by the plaintiff's assertion itself, and the issue of whether the plaintiff is a right holder or a defendant's performance obligor is only a ground to be determined within the merits, and it is not a matter to be determined as a party's standing before the merits, and the ground for