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(영문) 서울북부지방법원 2016.01.12 2015나3196

손해배상

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in an entertainment business under the trade name of “C”, and the Defendant is a person engaged in entertainment activities from around 201 to as an entertainment worker.

B. On September 24, 2011, the Plaintiff entered into an exclusive agreement on the management of entertainment activities (hereinafter “instant exclusive agreement”) with the Defendant as well as a down payment of one million won and the contract period from September 24, 201 to September 24, 2018, respectively, with each of the following major contents.

Article 1 (Purpose) Under the premise that the plaintiff and the defendant actively cooperate for the interest and development of each other, the defendant shall not only promote self-development by demonstrating his own talent and qualities through best efforts, but also focus on honor and reputation as a popular culture artist. The plaintiff aims to promote mutual benefits by faithfully providing human services so that the defendant's talent and qualities can be displayed to the maximum extent, and by performing his best efforts to maximize the defendant's interests.

Article 6 (General Authority and Duties of Defendant) (2) The Defendant shall perform entertainment activities by demonstrating his own talent and ability to the maximum extent according to the Plaintiff’s exercise of human rights.

(3) A defendant shall not do any act impairing the dignity of a popular culture artist to the extent that it may interfere with entertainment activities, or shall not commit any act impairing the honor or credit of the plaintiff.

(5) No defendant shall unfairly destroy or impair this contract, such as concluding a contract identical or similar to this contract with a third party without the prior consent of the plaintiff during the contract period.

Article 15 (Cancellation or Termination of Contract) (1) If the plaintiff or the defendant violates the terms and conditions of the contract, the other party shall first request the offender to correct the violation by fixing a grace period of 14 days, and the other party shall not correct the violation within such period.