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(영문) 서울고등법원 2020.01.31 2019나2034976

전속계약부존재확인의소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff is a number of companies, and the defendant is a company engaged in an artist agency business, entertainment business, etc.

B. On December 12, 2017, the Plaintiff and the Defendant entered into an exclusive agreement with the Defendant to manage the Plaintiff’s entertainment activities by proxy. On the same day, the Plaintiff and the Defendant entered into an attached agreement, which constitutes a single contract with the exclusive agreement.

(hereinafter collectively referred to as "the exclusive contract of this case". The main contents of the instant exclusive contract are as follows:

Article 2 (Grant, etc. of Human Rights) of the instant Exclusive Contract (1) The Plaintiff delegates the Defendant with the exclusive right to engage in the activities as a popular culture artist prescribed in Article 4 (hereinafter “entertainment activities”), and the Defendant exercises the exclusive right to engage in such activities upon delegation.

However, the same shall not apply where both parties agree to withhold the Plaintiff’s delegation of part of the exclusive management authority to the Defendant.

② The Defendant shall exercise the Human Rights faithfully so that the Plaintiff may exercise his/her own talent and ability to the maximum extent, and endeavor to ensure that the Plaintiff’s personality rights, such as the Plaintiff’s private security, are not infringed externally and externally in relation to entertainment activities within the scope of the Defendant’s Human Rights.

(3) With respect to entertainment activities for which the defendant exercises exclusive authority during the contract period, the plaintiff may not, by himself/herself or through a third party other than the defendant, participate in the contribution negotiation or engage in entertainment activities without a prior approval of the defendant.

Article 3 (Period of Contract, etc.) (1) The term of this contract shall be from December 12, 2017 to December 11, 2024 (seven years).

Article 5 (Defendant’s Human Management Authority, Duties, etc.) (1) The Defendant has the following authority and duties to the Plaintiff in accordance with this Agreement:

1. All necessary skills shall be found and improved;