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(영문) 서울중앙지방법원 2018.11.15 2017가합549297
전속계약해지확인 청구의 소
Text

1.(a)

The exclusive contract concluded on March 23, 2013 between the Plaintiff (Counterclaim Defendant) A and the Defendant (Counterclaim Plaintiff) is effective.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiffs are several persons who worked as a member of a female group "E" and the names of plaintiffs A, "F," "G," and "H," as the examples of plaintiffs B are those of "E."

The defendant is a company with the purpose of entertainment agency business, music record production and sales business, music source brokerage business, etc.

B. Around March 2013, the Plaintiffs entered into each exclusive agreement with the Defendant and each of the terms that the Plaintiffs belonged to the Defendant Company and agreed to engage in entertainment activities (hereinafter “each of the instant exclusive agreements”). The key contents pertaining to the instant case are as follows.

(2) Each exclusive contract of this case only differs from the parties, and its content is identical, and thus, the indication of the parties shall be stated as “the plaintiffs” in the statement of the terms of the contract below. Article 2 (Grant of Exclusive Management Authority) ① The plaintiffs delegate the exclusive management authority to the defendant, including negotiation of all matters necessary for the whole entertainment activities and conclusion of the contract. The defendant faithfully manages all entertainment activities of the plaintiffs.

Article 7 (Distribution, etc. of Profits) (1) Revenues related to the sale of music records and contents shall be preferentially deducted expenses such as various distribution fees, copyright fees, actual fuels, music record production expenses, and content production expenses, and the remainder of profits shall be apportioned to the defendant 70% for the period of three years after the sale of music records or music records, and to the plaintiffs 30% for the period of three years after the sale of music records (the defendant 60% for the period of three years and 40%

Expenses referred to in this subsection means all the expenses incurred in producing music, such as the cost of producing music records and content, the cost of producing music, the cost of music, the cost of recording rooms, the cost of using sound recording rooms, the cost of using saves, the cost of self-saves and saves, the cost of using saves and saves, the cost of using saves and saves, the cost of self-saves design, the cost of using saves and CDs, the cost of producing saves

② The Defendant and the Plaintiffs are entitled to receive benefits from all entertainment activities of the Plaintiffs.

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