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(영문) 서울중앙지방법원 2017.04.28 2015가합553452
전속계약효력부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a Chinese national, 12 man-made summary

The group is an artist who is a group of "C (C; hereinafter referred to as "C")'s members, and the defendant is an entertainment management company established for the purpose of entertainment agency business, various sound product recording and production business, etc.

B. On December 18, 2010, the Plaintiff entered into an exclusive agreement with the Defendant, as of December 17, 2010, under which his father was present, with the content that the Defendant would act as an agent for the management of the Plaintiff’s entertainment activities (hereinafter “instant exclusive agreement”). On the same day, pursuant to Article 5(4) of the instant exclusive agreement, the Plaintiff and the Defendant agreed on the need to maintain a long-term contract for the Plaintiff’s overseas expansion in relation to the period of contract (seven years) in relation to the preparation for the Plaintiff’s overseas expansion, a contract with a local local company, and other local activities for efficient entertainment activities and creation activities, and agreed on the said seven-year exclusive agreement to extend the said seven-year contract period by more than three years.

C. Group C to which the Plaintiff belongs sold “D” around April 9, 2012, and sold “D” to the entertainment fraternity.

C consists of six members in Korea, E, four members in China, two members in China, and two members in China, and a F (the plaintiff is a member of F) mainly engaged in in in China, and each country and China is selected as a domestic language, and a kind of 12 persons are engaged in both activities.

On April 2015, the Plaintiff expressed his/her intention to withdraw from C, and thereafter, sold sound records on July 23, 2015 in China, and held the Mitice on August 23, 2015, and engaged in entertainment activities.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 16-1 and 2, the purport of the whole pleadings

2. Determination as to the assertion on invalidation of a contract

A. The Plaintiff’s assertion that the exclusive contract of this case was abuse of the Defendant’s superior position.

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