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(영문) 서울고등법원 2018.11.07 2018나2011709
전속계약해지확인의 소
Text

1. Revocation of the first instance judgment.

2. The exclusive agreement concluded on June 16, 2014 between the Plaintiff and the Defendant is effective.

Reasons

1. Facts of recognition;

A. On June 16, 2014, the Plaintiff’s mother and the legal representative, concluded an exclusive agreement with the Defendant, a company engaged in entertainment agency business, etc. on behalf of the Plaintiff (hereinafter “instant exclusive agreement”).

Article 2 (Granting, etc. of Human Rights) (2) of the Standard Exclusive Agreement for Popular Culture artists (centralization) (2) / [Defendant] shall exercise the power of management in good faith so that Eul / [Plaintiff] may exercise his/her own talent and ability to the maximum extent, and Gap shall endeavor to ensure that the personality rights of Eul, such as the guarantee of privacy, etc., in relation to entertainment activities within the scope of the human rights, do not infringe internal and external.

Article 3 (Period of Contract and Renewal) (1) The term of this contract shall be from June 16, 2014 to June 15, 2024 (10 years).

(2) Notwithstanding paragraph (1), Eul may notify Gap of the termination of this contract at any time upon the lapse of seven years, and this contract shall be terminated after the lapse of six months from the date on which Gap is notified of such termination.

Article 5 (Authority, Obligations, etc. of A) (1) A shall have the following management authority and duties with respect to B in accordance with this Agreement:

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 of Eul's entertainment activities. 5. He/she shall not demand any act that infringes or is likely to infringe on the privacy or personal rights of Eul except for the entertainment activities of Eul or preparation for entertainment activities pursuant to this contract, and shall not demand money and other valuables.

Article 12 (Distribution, etc. of Profits) (1) All incomes earned through this contract shall be received by A, once distributed in accordance with paragraphs (2) and (3) below.

(7) A shall settle the amount to be distributed to B on a six-month basis and pay it to the deposit account designated by B by the 30th of the following month.

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