Plaintiff (Attorney Cho Jae-sik, Counsel for the plaintiff-appellant)

The United Nations Entertainment Co., Ltd. (Law Firm Associate, Attorney Su-sik et al., Counsel for the defendant-appellant-appellant)

October 1, 2015

1. The instant lawsuit shall be dismissed.

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

It is confirmed that the validity of the exclusive contract signed by the Plaintiff with the Defendant on August 29, 2011 does not exist.

1. The plaintiff's assertion

On August 29, 2011, the Plaintiff entered into an exclusive contract with the Defendant with the term of the contract seven years to delegate 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 activities concerns the Defendant’s restriction on the Plaintiff by virtue of the instant exclusive contract.

2. Determination as to the benefit of confirmation

The interest of confirmation shall be considered ex officio.

A lawsuit for confirmation is recognized when it is the most effective and appropriate means to obtain a confirmation judgment in order to eliminate the danger or apprehension with respect to 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. Therefore, it cannot be deemed 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.

Judges Jeong Chang-hee (Presiding Judge)