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(영문) 서울남부지방법원 2015.02.04 2014가단37655
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. On January 2, 2013, between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) B.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff engaged in entertainment management business entered into an exclusive contract with the Defendants on the exclusive management of entertainment activities. The date of the contract with the Defendant, and the main contents of the contract are as follows.

(1) On June 25, 2013, the main contents of the instant exclusive agreement (i.e., June 26, 2013) Article 1 (exclusive management) of the main contents of the instant exclusive agreement (i.e., June 4, 2013), as of April 25, 2013, between the date of the instant exclusive agreement by the Defendant and the date of the instant exclusive agreement by the Defendant (hereinafter “instant exclusive agreement”) (i.e., the Defendant delegated the Plaintiff with the exclusive management authority for all activities, and the Plaintiff shall exercise the exclusive management authority delegated by the Plaintiff.

(2) The defendant shall not, without the plaintiff's prior consent, participate in the contribution negotiation by himself or through a third party, or engage in entertainment activities as a receiver or a postponed.

Article 3 (1) With respect to the defendant's activities, the plaintiff has the authority to manage the management of the assets, contribution negotiations, contract negotiations, public relations and advertisements, and third parties.

Article 4 (Contract Deposit) (1) Payment of KRW 00,000 shall be made to the defendant's exclusive contract deposit.

(2) The down payment shall be paid in 00,000 won after the entry of a single sound record and shall be paid in 00,000 won after the entry of 2-house sound records.

Article 5(B) ① Where the Defendant’s music records are sold, the Defendant’s music records shall be paid KRW 10 per page from the base point of origin of the sales volume of the one-time music record.

The same as one house shall also apply to the sound records sold after the collection.

The amount ordinarily used for the return, increase, public relations, etc. of the records sold within the contract period shall be excluded from the amount calculated on a monthly basis.

(2) For other revenues other than the sale of phonograms, distribution shall be made as follows:

(All revenues shall be distributed after deducting expenses and other expenses paid for the defendant's activities). One house (Plaintiff 9: Defendant 1), two houses, and three houses (Plaintiff 8: Defendant 2). (4) All incomes of the defendant shall be the plaintiff.

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