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(영문) 서울서부지방법원 2019.08.16 2019가단206301
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 1, 2018, the Plaintiff, a company running a entertainment planning and management business, signed a practice-based contract with the Defendant (hereinafter “instant contract”) with a view to forming a male visible and dancing group, including the Defendant, for the purpose of making the entertainment business to be located in the entertainment community, and the part related to the instant case is as follows:

In the content of a contract, “A” means the Plaintiff, “B” and “Defendant” respectively.

Article 2 (A’s Human Rights and Obligations) ① In addition to the management rights and obligations under Section 5 of this Agreement, Party A is obligated to pay all the expenses incurred in relation to the entertainment activities and preparation thereof (such as various kinds of performance production expenses, food expenses, dormitory expenses, training room use expenses, shocks, show cases, pandes, etc., such as performance production expenses, parliamentary expenses, travel expenses, carcing expenses, e.g., community operation expenses, e., community image film production expenses, etc.) by the date on which Party B’s entertainment activities and preparation therefor is performed.

(2) A is obligated to pay for all expenses (such as various leson expenses, imposition, dental examination and treatment expenses, etc.) necessary for t bargaining and management of appearance to improve the quality as a popular culture artist of B.

(4) Notwithstanding the provisions of paragraph (2) of Article 12 of this Agreement, where profits are generated from the entertainment activities of Eul prior to the date of connection with performance, such profits shall revert to Gap in full, and Gap shall disburse such profits to the expenses incurred in relation to the entertainment activities of Eul in accordance with paragraphs (1) and (2).

However, at the discretion of the Party A, the amount prescribed may be paid to Party B in consideration of the relevant profits.

Article 3 (Authority, Duties, etc. as Trainees) (1) In addition to the powers and duties under Article 6 of this Agreement, Eul shall have the following duties as a trainee by the date of the commencement of the contract:

1. Faithful performance of radar mining, education, etc. under a monthly schedule determined and publicly notified in advance by Party A;

2. Personal SNS (SNS only through the official account opened by A) 3.

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