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(영문) 서울중앙지방법원 2014.12.17 2014가단5069217

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 10, 2012, the Defendant entered into a management agreement with the Plaintiff, which is an entertainment business company, with respect to the Defendant’s entertainment activities (hereinafter “instant exclusive agreement”); around that time, the Defendant entered into a management agreement with B, C, etc., and prepared a waste sheet with respect to household water under the support and management of the Plaintiff.

The term of this contract shall take effect from the date of signing this contract, and the term of this contract shall take effect for seven years from the date of withdrawal from the date of first destruction of Eul (Defendant in this case).

(Article III(1). If the contract term under paragraph(1) of this Article has elapsed seven years from the first day of withdrawal, the contract may be extended under mutual agreement with Gap (the plaintiff in this case) and Eul. If either party does not wish to extend the contract, the termination of this contract may be notified to the other party at any time after the lapse of seven years, and the other party shall terminate this contract after the lapse of six months from the date on which it is notified.

Provided, That this contract shall be automatically terminated in the event that it is not possible to carry out a detoty within one year from the date of the conclusion of this contract, and all of the responsibilities and obligations of A and B shall be extinguished.

In addition, there shall be no liability for all damages of Eul.

(Paragraph 3). (b)

Around October 11, 2013, the Defendant asserted that the instant exclusive contract has been terminated, and the remainder of the team members were estimated to be a cover of a waterway around July 9, 2014.

[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 3 evidence, the purport of the whole pleadings

2. The Plaintiff asserted that the instant exclusive contract was terminated due to the Defendant’s cause attributable to the Plaintiff, and thus, the Defendant is liable to compensate for damages arising from the primary tort. The Plaintiff asserts that the Defendant is liable to compensate for damages arising from the primary tort, and that the amount of said damages is limited to KRW 34,940,50,67,074,485, and 56,089,213, food expenses, and KRW 11,815,950.