전속계약효력부존재 확인의 소
1. The validity of the exclusive agreement concluded on October 28, 201 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) is nonexistent.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Plaintiff is a company established for the purpose of planning and production of music records, distribution, wholesale and retail, entertainment assistance and agency business, etc., which are composed of seven male members belonging to the Defendant (hereinafter “instant group”).
B. On October 28, 2011, the Plaintiff and the Defendant entered into the instant exclusive agreement with the following terms (hereinafter “instant exclusive agreement”).
Article 1 (Purpose) of the exclusive contract is, on the premise that the plaintiff and the defendant actively cooperate for the interest and development of each other, not only promote self-development by demonstrating their own talents and qualities through their best efforts, but also emphasizes honor and reputation as a popular culture artist. The defendant aims to promote mutual benefits by faithfully providing human services so that the plaintiff's talent and qualities can be displayed to the maximum extent, and by making his best efforts to maximize the plaintiff's interest.
Article 3 (Period of Contract and Renewal) (1) The term of this contract shall be seven years from October 28, 201 to October 27, 2018.
Article 5 (Defendant’s Human Management Authority, Duties, etc.) (1) The Defendant has the following management authority and duties against the Plaintiff in accordance with this Agreement:
1. Implementation or entrustment of all education for the acquisition and improvement of necessary abilities;
2. Negotiations and conclusion of contracts for entertainment activities provided for in Article 4 (1);
3. Contributions and negotiations to the media referred to in Article 4 (2).
4. Publicity and advertisement on the plaintiff's entertainment activities.
5. Receiving and managing prices from a third party for the plaintiff's entertainment activities;
6. Planning, composition, production, and schedule management of entertainment activities;
7. Planning, production, distribution and sale of contents;
8. Other support for the plaintiffs' entertainment activities (the general authority and duty of the plaintiff) ① The plaintiff is the defendant's manager who is exercised pursuant to Articles 2 and 5.