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(영문) 서울남부지방법원 2014.08.28 2013가합2888
전속계약부존재확인
Text

1. It is confirmed that each exclusive contract between the plaintiffs and the defendant does not have validity.

2...

Reasons

Basic Facts

The defendant between the parties is a company with the object of human management, etc.

F (in-house director of the present defendant's representative) and non-party G were appointed by the defendant's two co-representatives on April 2012, and F was in charge of management, such as Internet protocol and investment fund raising, and G was in charge of broadcasting contribution interference.

The Plaintiffs are part of the members of the six-person gal group “H” of the Defendant, who was selected by the Defendant’s office at around April 2012, - around 5, 2012 as the number of the members.

On May 2012, the Plaintiffs entered into an exclusive contract with the Defendant, respectively, with the exclusive management agreement (hereinafter collectively referred to as “instant exclusive contract”).

Among the above contracts, the main contents of the instant contract are as follows.

Article 2 (Granting, etc. of Human Rights) (1) B (hereinafter referred to as “A” refers to “A” (hereinafter referred to as “A”) delegate the exclusive management authority for entertainment activities prescribed in Article 3 to “A” (hereinafter referred to as “A”), and A shall exercise the exclusive management authority delegated by A.

(Ma) ① A shall exercise the authority of entertainment in good faith so that B may exercise its own talent and ability to the maximum extent, and shall endeavor to ensure that Party B’s personality rights, such as private security of B, in relation to entertainment activities within the scope of the human rights of Party A do not infringe internal and externally. If Party A’s care or intentional mental or material damage has occurred and it is impossible to continue entertainment activities, the contract shall be automatically reversed, and Party B may claim compensation for damage.

(3) B shall not, in connection with all entertainment activities for which A exercises exclusive authority during the contract period, directly participate in the contribution negotiation or participate in any entertainment activity by himself/herself or through a third party other than A, without a prior approval of A, or do any entertainment activity.

Article 4 (Authority, Duties, etc. of Custody)

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