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(영문) 서울고등법원 2018.11.09 2018나2028691
전속계약효력확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. A. (1) Around August 31, 2016, the Plaintiff was established with a view to providing consulting services on corporate management, etc., and around September 26, 2016, the Plaintiff added the purpose to entertainment management business, broadcasting program planning production and sales business, etc. (2) The Defendant is an artist contributing to broadcasting, film, drama, etc. (b) the following.

As seen in this paragraph, the exclusive management agreement with the Plaintiff (hereinafter “exclusive management agreement”) was affiliated with D Co., Ltd. (hereinafter “D”) before entering into the exclusive management agreement with the Plaintiff.

3) C acted in D as a manager of an artist affiliated with the Defendant, including the Defendant, and entered the Plaintiff on November 2016. B. The Plaintiff granted C the authority to conclude the exclusive agreement between the Plaintiff and the Defendant, and C, on behalf of the Plaintiff, on December 22, 2016, delegated the Defendant’s exclusive management authority to the Plaintiff regarding entertainment activities, and as a result, signed an exclusive agreement with the Defendant to allocate part of the profits generated from the Defendant’s entertainment activities (hereinafter “instant exclusive agreement”). The main contents of the exclusive agreement are as follows.

Popular culture artists (centered-centered), the standard exclusive contract for popular culture artists (on the center of popular culture artists), the plaintiff (hereinafter referred to as "A") and the defendant (hereinafter referred to as "the representative") (hereinafter referred to as "B") enter into an exclusive exclusive contract for entertainment as follows:

(1) (Purpose) This contract is to delegate the right of management to Party B’s activities as popular culture artists (hereinafter “entertainment activities”) and to Party A’s exercise of such right by providing for all matters necessary for Party A’s exercise of such right. The mutual interest between Party A and Party B in entertainment activities.

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