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(영문) 서울서부지방법원 2016.05.26 2015가단213585
손해배상(기)
Text

1. The claim portion among the counterclaims filed by the Defendant (Counterclaim Plaintiff) shall be dismissed;

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

1. Basic facts

A. The plaintiff is engaged in the entertainment business under the trade name of "C", and the defendant is the number of activities under the name of "D".

B. On October 25, 2011, the Plaintiff entered into an exclusive agreement with the Defendant for entertainment (hereinafter “instant contract”) with the term of contract from October 25, 201 to December 31, 2015, and the main contents thereof are as follows.

1. Details of the contract;

B. A (the Plaintiff in the instant case refers to the Defendant in the instant case) has all the authority as the producer and the manager of all Albagles of B (the Defendant in the instant case).

(c) A shall bear all the costs incurred in the production of a crime by destroying B and, in principle, disclose to B all the costs incurred in the production.

In principle, recording and other matters related to the production and activities of destroyed crimes, such as recording and other matters, events, performances, etc., shall be conducted in cooperation with Gap and Eul.

(e) A shall pay 10 million won, out of 15 million won as down payment, to B at the same time with the contract, and the remainder of 5 million won shall be paid to B by the end of November.

2. Details of activities;

(a) B, in principle, is subject to restrictions on various activities under the jurisdiction of Company A;

(c) Eul must faithfully engage in all schedules and activities set by Gap, and the activities set by Eul must also be managed and carried out with the consent of Gap;

3. Details of settlement and distribution;

(e)With regard to import distribution, Gap shall preferentially settle the cost associated with the production of a phonogram and the advance investment and the down payment of Eul, and, in principle, settle the sound sources except the after-sales cost, and the net profits of a phonogram shall be adjusted to 8:2 with Gap.

(f)in principle, the net profits accrued from the receipt of production costs from the revenues shall be settled and distributed at the end of each month, and for other necessary expenses, a consultation with Gap and Eul shall be determined.

(g) all activities, such as performance, broadcasting, events, programming, and advertisement, are contracted through A.

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