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(영문) 서울남부지방법원 2017.10.13 2016가합103584
손해배상(기)
Text

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

2. The costs of lawsuit shall be combined with the principal lawsuit.

Reasons

The combined lawsuits with the principal lawsuit shall be considered together.

1. Basic facts

A. The status of the parties is that the Plaintiff is a person engaged in the business of planning and producing music records and conducting entertainment in the name of “G,” and Defendant B, C, and D entered into an exclusive contract with the Plaintiff as follows. Defendant E and F are the parents of Defendant D, and they are the legal representatives at the time of entering into the exclusive contract with the Plaintiff.

B. Major contents of each exclusive agreement between the Plaintiff and the Defendants: Plaintiff B, C, and D Article 2 (Period and Scope of Validity of the Contract) ① The contract is effective from the date of conclusion, and the termination of the contract is seven years (84 months) from the date of the first sound record publication.

Article 3 (Advanced Contract Deposit, Remuneration, and Cost-Sharing) All revenues arising from this Agreement shall accrue to A, once, and A shall pay from the proceeds the amount of net profit restricted to the cost-sharing rate below the rate of net profit restricted to the cost-sharing rate.

1. The exclusive charge that A pays to B is KRW 500,000 ($300,000) and that Party A pays to B KRW 300,000 (300,000) out of this charge by the time when the first music record is sold, and the remainder of KRW 200,00 (00,000) shall be paid within three months after the first music record (including video) in which Party B participated.

4. He/she shall distribute the remainder of the profits restricted from the various costs out of the profits accrued to A from his/her contribution and all entertainment activities as follows:

- Entertainment activities: Gap 70%, Eul 30% - Music activities: Gap 70%, Eul 30% (groups each 6%), Eul 5% (groups each 5%) - Personal External Music Activities (authors, musicians, grains, singings, etc.) and literature family activities (pathicals, taxes), artists' activities (constings, first class, and first class): Gap 40%, including copyright profits within the contract period, and Eul 60% (party 40%, and the remainder 20% shall each be distributed to group members).

5. Maintenance costs, promotional costs, Lesson’s expenses, Koston’s expenses, radar bargaining expenses, and n.e., costs required for carrying out business activities.

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