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(영문) 서울고등법원 2018.01.12 2017나2048643
위약벌 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in management consulting business, sports players, entertainers, and entertainment business, etc., and the Defendant is a swimming player.

B. On November 7, 2013, the Plaintiff and the Defendant’s father C entered into a transfer agreement and sponsoring agreement (hereinafter “instant agreement”) with the effect that the Plaintiff exercised the Defendant’s management authority from the date of entering into the agreement to December 31, 2018, and entered into an attached agreement (hereinafter “instant attached agreement”).

The important parts of the instant contract and the attached agreements are as follows.

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 3 (Period of Contract) (1) The contract period shall be from the date on which this contract is signed until December 31, 2018.

(3) The defendant shall give the plaintiff preferential right to negotiate the re-contract with the third party.

④ The Plaintiff’s right is recognized even after the termination of the instant contract with respect to all the contracts which were sexually expressed by the Plaintiff during the contract period.

Article 4 (Exclusive 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 5 (Rights and Duties of Entertainment and Marketing) The plaintiff shall act on behalf of and support the defendant for the following duties:

(1) Recruitment and contract, management, (2) professionalization and participation in events, and (3) Advertisement in all media (online, outdoor advertising, new media, etc.) including four media (4) advertisement, 5 players and players who engage in profit-making activities, such as publication of books, music records, video production, etc.

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