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(영문) 서울서부지방법원 2016.12.08 2016가합32933

에이전트계약 부존재확인

Text

1. It is confirmed that there is no gender contract concluded on January 15, 2015 between the Plaintiff and the Defendant.

2...

Reasons

1. Basic facts

A. The Plaintiff is working as a B stable player.

Around June 7, 2016, the Defendant changed its trade name from Esckntain Co., Ltd. to Escknex Co., Ltd., to Escknex, deleted the business of Escening sports from its intended business, and newly added real estate development business, etc. to its intended business.

B. The Plaintiff and the Defendant concluded a transfer contract from around 2008 to renew the contract several times. In that process, as the period of the transfer contract concluded around June 2012 expired, the Plaintiff agreed to conclude a transfer contract on June 13, 2014, and entered into a transfer contract on January 15, 2015 (hereinafter “instant contract”) with a two-year period of contract as follows:

The defendant (hereinafter referred to as "the players") and the plaintiff (hereinafter referred to as the "consumer") enter into an agent contract as follows:

1) Neither contract shall be effective for a period of twenty-four (24) months. This contract shall enter into force on January 15, 2015 and terminate on January 14, 2017. 2) - Only the customers shall pay remuneration for the services performed by the players.

a) If the customer is a player: the player shall be entitled to an amount equivalent to 10 per cent of the annual total basic income received by the player under an employment contract in which he/she has negotiated or renegotiationd. (4) Other special agreements consistent with the contents set out in the separate agreement player provisions shall be attached to this agreement and kept in custody after submission to the association of the State.

Article 1 (Mutual Cooperation) (1) of the Separate Contract 1 (Mutual Cooperation) Transferes and customers shall perform this Agreement in good faith with mutual trust and trust. Article 2 (Remuneration for other Contracts) Transfers to players shall be the amount of income accruing from the use of the customer’s portrait rights or right of name, except for the income accruing from the use of the customer’s portrait rights or right of name.