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(영문) 서울중앙지방법원 2014.07.09 2013가합76098
전속계약효력부존재확인
Text

1. The validity of the exclusive agreement concluded on August 11, 201 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) is nonexistent.

Reasons

In fact, the plaintiffs in the position of the parties concerned are the companies engaged in the production and distribution of music records, and the entertainment-related business since 2007.

The net G, which had been the representative director of the defendant, such as the conclusion of exclusive contracts, accepted the proposal of H, which was the head of the headquarters, and the seal of the MBC

On August 11, 2011, an exclusive contract was concluded with the Plaintiffs on the following: (a) the Plaintiffs’ Doster (JJ at the time was the “J”) under review of the contribution of the Doctrine program “I” (hereinafter “I”); and (b) the Plaintiffs entered into the exclusive contract with the Plaintiffs.

The contents of the exclusive contract are as follows:

Section 1. (Purpose of this Agreement) The purpose of this Agreement is to increase the achievements and reputation of Gap (Defendants) and Eul (Plaintiffs) as independent parties on an equal basis and by mutual cooperation and business partnership, together with the improvement of Eul's talent, qualities and functions, and to contribute to the promotion and development of mutual benefits.

(2) This contract shall become effective from the date on which A and B affix their signatures and seals, and shall continue to be effective for three years from the date on which B and B sell their initial music records.

Provided, That Eul may at any time notify Gap of the termination of this contract upon the lapse of three years, and this contract shall be terminated after the lapse of six months from the date of receipt by Gap of such notification.

Article 6 (Rights and Duties of A) A shall perform the following duties during the contract period:

(1) A shall make contributions to the containers, events, movies, drama, CF advertisements and other contributions (hereinafter referred to as "contributions") planned, organized, and broadcasted by a third party Gap or a third party designated by Gap.

Contracts related to B’s contribution affairs shall be negotiated, concluded and entered into by A.

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