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(영문) 서울남부지방법원 2017.07.20 2016가합110445
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The status of the parties 1) The F Co., Ltd. (hereinafter “F”)

The entertainment management company established for the purpose of entertainment business, etc., and G-specialized schools and H are located at the entertainment management company, and G-specialized schools and H. 2) The Defendants, along with I, are entrepreneurs working as members of “J” grouped by six male grouped by six male grouped by K, Defendant A is K, Defendant B is L, Defendant C is children, Defendant C is N, Defendant D is N and Defendant E is O.

B. Defendant A, B, and C’s exclusive contract 1) On October 17, 2014, F entered into with Defendant A (the age of 18 at that time), between Defendant B (the age of 18 at that time) and Defendant B (the age of 18 at that time) on June 13, 2014, between Defendant C (the age of 17 at that time) and Defendant C (the age of 17 at that time) on June 2014, and between F to exercise the exclusive management authority over entertainment activities of the said Defendants during the five-year contract period (hereinafter “each exclusive contract of this case”).

) Each contract was concluded with Defendant A (However, in the case of Defendant A, F entered into a contract under the name of H.

(2) According to each of the instant exclusive contracts, ① the Defendants are prohibited from unfairly destroying or impairing the above exclusive contracts by either voluntarily or through a third party without the F’s prior approval during the contract period, or entering into a contract identical or similar to the above exclusive contracts with the third party without the F’s prior consent (Articles 2(3) and 6(5)), and 4 provide for the scope of entertainment activities and media. ② The F bears the obligation to divide the amount calculated by deducting all kinds of expenses from all revenues generated from the above Defendants’ entertainment activities as of the end of each month according to the separate agreed rate of profit distribution.

(3) In addition, in the event that the F or the aforesaid Defendants violate the terms of the exclusive agreement, the other party requires the offender to first set a grace period of 14 days and correct the violation, and if the violation is not corrected within that period, the other party shall cancel or terminate the agreement.

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