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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 7, 2015, the Plaintiff entered into an exclusive agreement with the Defendant (hereinafter “instant exclusive agreement”) with a person who operates an entertainment planning company under the trade name of “C”. The main contents are as follows.
C Article 3 (Period of Contract and Renewal) (1) The term of this Agreement shall be five years (60 months) from March 7, 2015 to March 6, 2020.
Article 5 (Rights, Duties, etc. of Custody of A) (1) A (hereinafter “Plaintiff”, the same shall apply hereinafter) has the following management authority and duties with respect to B (hereinafter “Defendant”; hereinafter the same shall apply) in accordance with this Agreement:
1. Implementation or entrustment of all education for the acquisition and improvement of necessary abilities;
6. Planning, composition, production, and schedule management of entertainment activities;
7.The planning, production, distribution and sale of contents (general authority and obligation of Section 6 (B) (1) A may present its opinion at any time on the management activities of Party A exercised in accordance with Articles 2 and 5, and, if necessary, request Party A to peruse or copy data or documents related to the entertainment activities of Party B.
Article 15 (Cancellation or Termination of Contract) (1) Where A or B violates any of the terms and conditions of this Agreement, the other party shall set a grace period of 14 days and request the offender to correct the violation first, and where the offense is not corrected within the said period, the other party may cancel or terminate the contract and claim damages.
(2) Where Party A breaches the contractual terms for the purpose of unilaterally destroying the contract during the contract period although Party B faithfully performs its obligation under the terms and conditions of the contract, the entertainment activity period of Party B, as at the time of termination of the contract, multiplied the monthly average sales for the immediately preceding two years by the number of months during the remaining period of the contract, separately from the damages referred to in paragraph (1).