(영문) 서울중앙지방법원 2017.10.20 2017가합4930

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자간(%)

(영문) 서울중앙지방법원 2017.10.20 2017가합4930

손해배상

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Relevant Defendant D is the representative director of Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant C Co., Ltd. (hereinafter “Defendant C”), and the Plaintiff entered into an exclusive contract with the said Defendant Company for popular culture artists and was engaged in entertainment activities under the said Company until September 2016.

B. A contractual relationship1 between the Plaintiff and the Defendant Company 1) The Plaintiff entered into an exclusive contract for popular culture artists with Defendant B on June 27, 2014 with respect to support for and profit distribution of the Plaintiff’s entertainment activities (hereinafter “B agreement”).

(C) On the same day, the exclusive contract aimed at supporting Defendant C and the Plaintiff’s advertising activities and distributing profits (hereinafter “C contract”).

(2) The main contents of the B contract and C contract are as follows:

Article 2 (Grant, etc. of Human Rights) (2) The defendant B shall exercise the Human Rights in good faith so that the plaintiff can exercise his own talent and ability to the maximum extent, and endeavor to ensure that the plaintiff's personality rights, such as the guarantee of the plaintiff's privacy, in relation to entertainment activities within the scope of the Human Rights, are not infringed domestically and externally.

Article 4 (Authority, Duties, etc. of Custody A) (1) The scope of the Human Rights and Obligations of the Plaintiff, which Defendant B exercises pursuant to Article 2, shall be as follows:

1. Execution or entrustment of all education to acquire or improve abilities necessary for entertainment activities;

4. Publicity and advertisement on the plaintiff's entertainment activities.

5. Receiving and managing fees, etc. for contribution from a third party to the plaintiff's entertainment activities.

6. Planning, production, distribution and sale of contents;

8. Other support for the Plaintiff’s entertainment activities (e.g., distribution of profits) or specific distribution ratio shall be determined by mutual agreement between the Defendant B and the Plaintiff.

At this time, the profit subject to the distribution of profit is.

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