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(영문) 서울중앙지방법원 2014.12.12 2014가합9743
전속계약존재확인
Text

1. The existence of each exclusive contract concluded on May 25, 201 between the Plaintiff and the Defendants is confirmed.

2. The plaintiff, .

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendants entered into an exclusive agreement between the Plaintiff Company and the Defendants, etc. 1) The Plaintiff is a corporation with the objective of entertainment and music record production business. 2) The Defendants, from around 2009 to the Plaintiff’s management, were engaged in practice life under the Plaintiff’s management. On May 25, 2011, each Plaintiff and the Defendants entered into an exclusive agreement with the Plaintiff with the content that the Defendants are responsible for management of entertainment as an artist’s activities (hereinafter “instant exclusive agreement”). The main contents are as follows.

Article 1 (Motainment) (3) The Plaintiff is both identical to the content of each exclusive agreement between the Defendant and the Defendants. The content of this part of the agreement is written only as “Defendant” for convenience. The Plaintiff shall exercise in good faith the right of management so that he/she may exercise his/her own talent and ability to the maximum extent, and Eul shall not make contributions, either directly or through a third party, or engage in entertainment activities, such as a postponed owner or a water, without the prior consent of the Plaintiff.

Article 5 (Contract Deposit) The Plaintiff shall pay the Defendants KRW 3 million each in relation to the contract under the premise that the Defendant faithfully implements the contractual terms during the contract period.

Article 6 (Distribution of Profits) (1) All incomes derived from this Agreement shall revert to the Plaintiff once, and the Plaintiff shall pay the remainder of the limited amount to the Defendant at the fixed rate of the limited amount of the expenses.

Pursuant to Paragraph 2, the music record production cost, promotional and advertising cost, investment cost (tra bargaining cost, food cost, transportation cost, etc. during the duration of a practice contract), the expenses incurred by the defendant's entertainment activities (vehicle maintenance cost, food cost, transportation cost, etc.), and the expenses incurred in supporting the defendant's entertainment activities, the remuneration for the employee belonging to the plaintiff, the office and training room rent, and the defendant's entertainment activities.

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