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(영문) 서울서부지방법원 2017.09.14 2016가합36980
손해배상(기)
Text

1. The counterclaim Defendant is 34,842,908 won and the interest rate of 15% per annum from October 15, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The counterclaim is an entertainment planning company for the purpose of discovering, training, etc. the number of new authorizations, persons with postponements, and the counterclaim Defendant is also an artist who participated in the Oral Program called “C” and was selected in TOP 8.

B. On April 13, 2015, the Plaintiff entered into an exclusive agreement with the counterclaim Defendant (hereinafter “instant exclusive agreement”). Of the instant exclusive agreement, the content relating to the instant case is as follows.

Article 2 (Grant of Human Rights) (1) of the Standard Exclusive Agreement for Popular Culture artists (centered) ① The counterclaim Defendant delegates to the Counterclaim the exclusive right of management for the activities of popular culture artists as prescribed by Article 4 (hereinafter referred to as “entertainment Revitalization”) and the Counterclaim Plaintiff exercises the exclusive right of management with the delegation of such authority.

② The Counterclaim Plaintiff shall exercise the Human Rights of the Counterclaim Defendant in good faith so that the Counterclaim Defendant may exercise his/her own talent and real ability to the maximum extent, and shall endeavor to the maximum extent that the personality rights of the Counterclaim Defendant, such as private security of the Counterclaim Defendant, do not infringe inside and outside the country in relation to entertainment activities within the scope of the Human Rights of the Counterclaim Defendant.

(3) With respect to entertainment activities for which the counterclaim is entitled to exercise exclusive authority during the contract period, the counterclaim Defendant shall not, without a prior approval of the counterclaim, participate in the contribution negotiation by itself or via a third party other than his/her own or the counterclaim, or engage in entertainment activities.

Article 11 (Countermeasures against Infringement of Rights) If a third party infringes on the rights provided for in Articles 8 through 10, the Counterclaim shall take measures to eliminate the infringement at its own responsibility and expense, and the Counterclaim Defendant shall cooperate in the measures to eliminate the infringement.

Article 12 (Distribution of Profits, etc.) (4) The Counterclaim shall acquire and acquire the ability necessary for entertainment activities of the Counterclaim Defendant within the scope of his/her human rights management authority.

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