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(영문) 수원지방법원여주지원 2017.09.27 2016가합5763

계약효력존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established on March 12, 2013 with sports management, etc. as an objective business, and the Defendant is working as a stable player.

EFS Entertainment, Inc., the purpose of business, such as sports, was to delete sports, exhibition, etc. from the objective business on June 7, 2016, and changed its trade name to EFE Co., Ltd. (hereinafter “ EFE”) by adding real estate development business, etc.

B. Around 2008, the Defendant entered into a transfer agreement with E.S. Investment and then renewed the transfer agreement several times. During that process, upon the expiration of the period of the transfer agreement with E.S. Investment, the Defendant entered into a transfer agreement with E.S. Investment on January 15, 2015 (hereinafter “instant contract”) with E.S. Investment for two years, based on the following terms:

1) This Agreement shall become effective for a period of twenty-four (24) months. This Agreement shall enter into force on January 15, 2015 and terminate on January 14, 2017. (2) only remuneration customers shall pay remuneration for the performance of their duties to players.

a) If the customer is a player, the player’s transfer shall be charged for an amount equivalent to 10 per cent of the annual basic income received by the player under an employment contract negotiated or re-Negotiationed by him. 3) Exclusive Contracting Parties agree to transfer the power of representation to the player exclusively.

Article 2 [Remuneration in other Contracts] (2) of the Separate Contract shall contribute 10% of the goods to be supplied in the event of a contract with a goods company to a player by supporting a mother school and a stable operation, etc., and shall delegate the operation thereof: Provided, That in the contract with a goods company, a donation shall be determined according to the rate of the United Nations, in which there is a mother school and a supporting provision for a stable operation. Article 4 (Cancellation of Contract).