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(영문) 서울서부지방법원 2018.11.14 2017가합37904
전속계약효력부존재확인
Text

1. Ascertainment that there is no validity of the exclusive agreement entered in the separate sheet concluded between the Plaintiff and the Defendant.

Reasons

Facts of recognition

The defendant is a company established for the purpose of the entertainment business, etc., and the plaintiff is an artist belonging to the defendant who works for the defendant, such as the defendant's obsation and worship of the "C".

On October 13, 2009, the Plaintiff entered into an exclusive contract with the Defendant from October 13, 2009 to October 12, 2016 (hereinafter “instant exclusive contract”), and on February 26, 2015, extended the contract term until October 12, 2021, and received KRW 500 million from the Defendant.

(2) On April 24, 2017, the Plaintiff, as of April 24, 2017, requested the cancellation of the exclusive contract of this case to the representative director D at the time of the Defendant’s representative director D, and consented thereto, the instant exclusive contract of this case was concluded on April 24, 2017.

First, even if the exclusive contract of this case was not agreed upon, the Defendant violated the exclusive contract of this case, such as the obligation to explain the terms and conditions of the contract of this case to the Plaintiff in advance, the obligation to settle accounts, the obligation to provide settlement data, and the obligation to exercise the management right faithfully, and the obligation to transfer the rights and obligations under the contract without the Plaintiff’s consent, and did not correct the Plaintiff’s demand for correction.

On June 23, 2017, the Plaintiff notified the Defendant of the termination of the instant exclusive contract and served the Defendant with the notification on the same day. As such, the instant exclusive contract was terminated by the notification.

2. Preliminaryly, the Defendant did not pay various wages due to financial aggravation, etc., and violated the obligation to hold human and material resources necessary to exercise the right and obligation or to guarantee that he/she has such ability, such as failing to pay taxes, etc., and profits from the Plaintiff’s entertainment activities.

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