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(영문) 서울중앙지방법원 2016.06.08 2015가합540036
전속계약부존재확인청구
Text

1. Each exclusive agreement entered into on February 24, 2014 between the Plaintiff A, B, C, D and the Defendant, and between Plaintiff E and the Defendant on May 27, 2014.

Reasons

1. Basic facts

A. The relevant defendant between the parties is a company with the purpose of human management, etc., and the plaintiffs are members of "F", the defendant's affiliates.

B. (1) Plaintiff A, B, C, and D shall enter into an exclusive agreement with the Defendant on or around February 24, 2014; and Plaintiff E shall set the term of the contract with the Defendant on or around May 27, 2014, with the term of the contract five years (hereinafter “instant exclusive agreement”).

(2) According to the instant exclusive contract, the Plaintiffs delegated the exclusive management authority for the activities of popular culture artists to the Defendant. The Defendant exercise the exclusive management authority in good faith so that the Plaintiffs can exercise their own talents and capabilities to the maximum extent possible, and endeavor to manage the Plaintiffs’ schedule. The Plaintiffs’ implementation or entrustment of all education to acquire or improve their abilities necessary for the entertainment activities, planning of the Plaintiffs’ entertainment activities, and all of the support tasks shall be performed.

C. On January 2015, the Defendant was unable to provide exclusive practice rooms to the Plaintiffs, and the Plaintiffs were allowed to use the practice rooms only for a limited period of time. On January 2015, the Defendant was forced to leave the practice room due to the Defendant’s failure to pay the practice room user fees, and was not provided with the cost of living, and the Defendant was not continuously unable to receive any payment of the cost of living. (ii) On February 2, 2015, the Plaintiffs sent to the Defendant content-certified mail to the effect that the Defendant terminated the instant exclusive contract on the grounds that the Defendant did not faithfully perform its duty with respect to the management.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 8, 9 (including provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the plaintiffs did not receive proper support from the defendant for entertainment activities or practice, and the defendant faithfully sells the plaintiffs' entertainment activities, support, etc.

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