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(영문) 서울서부지방법원 2017.08.31 2016가합37587
전속계약해지확인 등 청구의 소
Text

1. The validity of the exclusive agreement concluded on October 4, 2012 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) is nonexistent.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Defendant is a company that engages in sound record planning, manufacturing, distribution, and marketing, and entertainment business.

B. On October 4, 2012, the Defendant entrusted the Defendant with the exclusive management authority for the activities as a popular culture artist prescribed in Article 4 (hereinafter “entertainment activities”) between the Plaintiff and the Plaintiff, and the Defendant shall exercise the exclusive management authority delegated by the Defendant.

However, the same shall not apply where both parties agree to withhold the Plaintiff’s delegation of part of the exclusive management authority to the Defendant.

② The Defendant shall exercise the Human Rights faithfully so that the Plaintiff may exercise his/her own talent and ability to the maximum extent, and endeavor to ensure that the Plaintiff’s personality rights, such as the Plaintiff’s private security, are not infringed externally and externally in relation to entertainment activities within the scope of the Defendant’s Human Rights.

(B) Article 3 (Contract Period and Renewal) (1) The contract term of this Agreement shall be from October 4, 2012 to October 3, 2019 (seven years) from the date of sale of the property for the Corporation.

(A) Article 5 (Transfer Management Authority, Duties, etc. of the Defendant) (1) The Defendant has the following authority and duties with respect to the Plaintiff under this Agreement:

1. Implementation or entrustment of all education for the acquisition and improvement of necessary abilities;

2. Negotiations and conclusion of contracts for entertainment activities provided for in Article 4 (1);

3. Contributions and negotiations to the media referred to in Article 4 (2).

4. Publicity and advertisement on the plaintiff's entertainment activities.

5. Receiving and managing prices from a third party for the plaintiff's entertainment activities;

6. Planning, composition, production, and schedule management of entertainment activities;

7. Planning, production, distribution and sale of contents;

8. Other support for the plaintiff's entertainment activities.

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