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(영문) 서울중앙지방법원 2019.07.12 2018가합559277
전속계약유효확인 등의 소
Text

1. The validity of the exclusive agreement between the Plaintiff and the Defendant on April 24, 2015 is confirmed.

2. The defendant is 60,399.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the objective of entertainment and other authorized management business, content marketing business, performance planning, etc., and the Defendant is a person who has concluded an exclusive contract with the Plaintiff as seen below.

B. On April 24, 2015, the Plaintiff and the Defendant entered into an exclusive contract with the Plaintiff and the Defendant, under which the Defendant entrusted the Plaintiff with the exclusive management authority for entertainment activities (hereinafter “instant exclusive contract”).

The contents of the instant exclusive agreement pertaining to the instant case are as follows.

(A) A (hereinafter referred to as the "A") and B (hereinafter referred to as the "B") of the exclusive contract shall, in entering into an exclusive contract (hereinafter referred to as the "this contract"), be implemented in good faith as follows:

Article 2(1) of the Act provides that “A” shall delegate to “A” the exclusive management authority for entertainment activities as either popular culture artists and exclusive entertainment workers prescribed in Article 3; “A” shall exercise upon delegation of such management authority; “A” shall exercise the management authority faithfully so that B may exercise his/her own talent and real ability to the maximum extent; and “A” shall endeavor to ensure that the personal rights of “B”, such as ensuring the privacy of “B”, in relation to entertainment activities within the scope of the management authority, do not infringe internal and externally.

3) With respect to entertainment activities under which A exercises exclusive authority during the term of this contract, B may not, without Party A’s prior approval, participate in a contribution negotiation, or engage in entertainment activities by itself or through any third party other than Party A. All revenues derived from this contract (distribution of profits) 1) are received by Party A, and are distributed pursuant to paragraphs (2), (3) and (4) below.

(hereinafter omitted) a profit distribution method for earnings related to entertainment activities; or

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