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(영문) 서울중앙지방법원 2019.11.27 2018나73906

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1.Article 5(A)(1) of the Agreement on the Exclusive Use of Basic Facts (“Plaintiffs”) provides the Defendant / [Defendant] with active support for other artistic contribution activities, such as singing, singing, singing, singing, dance, works (authors, valleys, valleys, etc.) and provides the materials, qualities, and other appropriate educational opportunities and places necessary for the acquisition and enhancement of skills.

Article 6 (Power and Duties of Eul) (1) He/she shall comply with the advance adjustment rate and the reasonable schedule and instruction made by Gap by demonstrating his/her own talent, talent, etc. to the maximum extent during the contract period, and if he/she fails to comply with this paragraph, he/she shall be aware that the cause falls under the cause of serious breach of contract with respect to A falling under Article 3 (1) and (2) of this Act, and shall be faithfully performed according to the entertainment activities and contracts planned, produced and concluded by Gap.

(3) B shall not suspend or retire entertainment activities without prior consultation or written consent with Gap during the term of the contract, and shall not be omitted, and the value and method of distribution of profits arising from the business of new management services for Eul after the conclusion of this contract, as well as a down payment to be paid at the time of the conclusion of this contract under Article 7 (Contract Deposit and Distribution of Profits).

Article 8 (Cancellation or Termination of Contracts) (1) Where A or B violates the terms and conditions of this Agreement, the other party may request the offender to correct the violation by fixing a grace period of 14 days, and where the offense is not corrected within such period, the other party may cancel or terminate the contract and claim damages.

(2) Where A violates the terms and conditions of the contract in order to unilaterally reverse the contract between B and B during the course of the contract despite he/she faithfully performs his/her own obligation under the terms and conditions of the contract, B shall be separately from the damages referred to in Article 8 (1) and the average monthly sales as at the time of termination of the contract, the remaining period