(영문) 서울서부지방법원 2016.07.21 2015가단244336

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(영문) 서울서부지방법원 2016.07.21 2015가단244336

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in the business of planning and production of music records, providing Internet content, entertainment and other officially recognized domains, and brokerage, loan brokerage, etc.

B. On June 1, 2010, the Defendant entered into the instant exclusive agreement with the Plaintiff (hereinafter “instant exclusive agreement”). The main content of the instant exclusive agreement is as follows.

Article 1 From June 1, 2010 to May 31, 2017, the Defendant shall delegate the right to all entertainment activities from the contract date to the Plaintiff and comply with the direction of the Plaintiff.

The defendant shall not, in relation to the entertainment activities that the plaintiff is allowed to exercise exclusively during the contract period, either directly or through a third party other than the plaintiff, without the plaintiff's prior approval, nor conduct entertainment activities.

Article 3 The defendant's exclusive contract amount shall be KRW 3,000,000.

Article 7 The plaintiff should not infringe on or infringe on the privacy or personal rights of the defendant, and should not demand money and valuables unfairly.

Article 11 The defendant shall not refuse to make a unilateral contribution during the contract period.

All incomes earned through a contract under Article 15 shall be received by the plaintiff, and the distribution of the plaintiff and the defendant shall be as follows.

(1) The amount of money contributed shall be 50%, Defendant 50%, respectively.

(2) Broadcasting contribution fees shall be used for broadcasting expenses.

3. The income from film advertisement events is 50% of the income from each 50% of the total production cost, with the exception of the production cost, the income from the excluding the production cost is the same as the income from the plaintiff 50% and the defendant 50% of the total production cost.

Article 19 The defendant shall not require the plaintiff to bear the expenses unrelated to entertainment activities.

C. On August 5, 2010, the Defendant sold “C” as the 1st place of collection, and around that time, the Defendant contributed to Seoul Won Broadcasting, Gwangju KBC, Busan TBN, Jeonju JTV, and STV, and engaged in entertainment activities. D.

However, D, the representative director of the plaintiff, is the defendant's room around March 201.

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