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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company running a sports player, an artist, and a list, etc. business, a sports product wholesale business, a retail business, etc., and the Defendant is a swimming player.
Article 2 (Definition of Terms) of the Agreement of this case (Definition of Terms) refers to the entity responsible for the receipt and distribution of all commercial activities and revenues for sports and other profits, such as marketing, sphones, interferences, participation in various competitions, advertising contracts, broadcast contributions, interference with events, related books or sound records or video productions.
Article 4 (Monopoly Right) The defendant shall delegate the right to projects to the plaintiff for the duration of the contract, and the defendant shall not engage in all activities through the principal or a third party without the plaintiff's prior consent.
Article 6 (Distribution of Profits from Entertainment and Marketing) ① 20% (including the amount of tax) of the amount acquired by the defendant through sports and external activities in Korea shall be the agency fee, and the method of payment shall be deposited immediately after the receipt by the plaintiff.
Article 9 (Cancellation of Contract and Termination) (1) Termination of contract during the contract period shall be made only under the consent of the plaintiff and the defendant after mutual agreement.
④ The Plaintiff and the Defendant shall faithfully perform their duties under Article 8 so that they can demonstrate their maximum ability in the course of enjoying a player life by faithfully performing their duties, and if they fail to faithfully perform their duties and roles, the contract may be terminated by mutual agreement between the Plaintiff and the Defendant.
(5) Where a contract is terminated under mutual agreement, the defendant shall calculate the basic down payment and subsidy that was paid by the plaintiff on a daily basis and refund the relevant remaining amount to the plaintiff immediately.
6. In the event that the defendant concludes a contract with the plaintiff during the contract term or a voluntary termination of the contract, or a voluntary duplicate contract with a third party, the defendant guarantees the profits that the plaintiff can obtain during the contract term of the plaintiff, and all the relevant expenses and expenses paid by the plaintiff and the plaintiff's related party to the defendant