(영문) 서울중앙지방법원 2015.05.06 2014가합592665

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(영문) 서울중앙지방법원 2015.05.06 2014가합592665

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The summary of the case is that the plaintiff (at the entertainment company) who entered into an exclusive contract with the defendant (at the same time) cancel the exclusive contract on the ground of the defendant's breach of contract and seek the payment of penalty equivalent to twice the investment cost to the defendant.

In fact, Article 3 (Period and Renewal of Exclusive Contract) (1) The contract term of this contract is from October 12, 201 to October 11, 2018 (84 months).

(4) Where the defendant becomes unable to engage in normal entertainment activities due to his/her personal status as specified in any of the following subparagraphs during the contract period, the contract period shall be extended for a certain period, and the specific number of extension days shall be determined by mutual agreement between the plaintiff and the defendant:

2. In the event of pregnancy, childbirth, child care, or entrance into a graduate school (the Plaintiff’s management authority and duties, etc.) Article 5 (the Plaintiff’s management authority and duties, etc.) (1) The Plaintiff has the following management authority and duties against the Defendant under this Agreement:

1. Implementation or entrustment of all kinds of education for the acquisition and improvement of necessary abilities;

2. Negotiations and conclusion of contracts for entertainment activities provided for in Article 4 (1);

3. Negotiations for contribution to media;

4. Publicity and advertisement of the defendant's entertainment activities;

5. Receiving and managing prices from a third party for entertainment activities;

6. Planning, organization, production, and schedule management of entertainment activities;

7. Planning, production, distribution and sale of contents;

8. Other support for the defendant's entertainment activities (general authority and duty of the defendant) 2. The defendant is obliged to perform entertainment activities by demonstrating his own talent and ability to the maximum extent according to the plaintiff's exercise of entertainment power.

(5) No defendant shall unfairly destroy or impair this contract, such as concluding a contract identical or similar to this contract with a third party without the prior consent of the plaintiff during the contract period.

Article 15 (Cancellation or Termination of Contract) (1) The plaintiff or defendant shall terms and conditions of this contract.

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