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(영문) 서울중앙지방법원 2018.07.18 2017가단5127268
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The plaintiffs, as joint business operators, are running the nier business, advertising business, etc. with the trade name of D, and the defendant is engaged in artistic creation activities as author or artist.

On June 28, 2016, the Plaintiffs and the Defendant entered into an exclusive management agreement. Among them, the main contents related to the instant case are as follows.

(hereinafter “instant contract”). Article 2 / [Grant, etc. of Human Rights]

1. “B” (referring to the Defendant) shall delegate to “A (referring to the Plaintiff) the exclusive management authority for the author’s activities set out in Article 3, and “A” shall exercise upon delegation of such management authority.

3. “B” shall not exhibit or sell, or engage in a author’s activity, through a third party other than “A”, without the prior written approval of “A”, in connection with the author’s activity for which “A” exercises exclusive authority during the term of the contract.

Article 4 [The Human Management Authority, Duties, etc. of “A”]

1.The scope of the human rights and obligations on “B” exercised by “A” in accordance with Article 2 shall be as follows:

Implementation or entrustment of all education to acquire or improve abilities necessary for writing activities;

(b) Contract negotiations and conclusion of contracts for author's activities under Article 3 (1);

(c) Negotiations of contracts with respect to the media under Article 3 (2);

(d) consulting and management of the images of “B”;

(e) publicity and business activities of “B”;

(f)the receipt and management of proceeds, etc. from the author’s activities of “B” from a third party;

(g) Management of schedule of writing activities;

(h) Planning, production, distribution and sale of contents;

(i) Negotiations related to the use of copyright and other intellectual property rights, portrait rights, voice rights, publicity rights, etc., and planning, management, utilization, and operation of MD rights (hereinafter referred to as "MD rights");

(j)Article 5. Other activities for work activities of “B”.

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