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(영문) 서울중앙지방법원 2018.05.10 2017가합552675
전속계약효력확인
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 legal entity that operates entertainment management business, broadcasting program planning, production and sales business, etc. The Defendant is an artist who contributes to broadcasting, film, drama, etc.

B. On November 30, 2016, the Defendant entrusted the Plaintiff with the exclusive management authority for the Defendant’s entertainment activities, and entered into an exclusive agreement with the Plaintiff to receive part of the Defendant’s profits derived from the Defendant’s entertainment activities (hereinafter “instant exclusive agreement”), and entered into an attached agreement with the Plaintiff on December 22, 2016, which amended the aforementioned exclusive agreement, and the main contents are as follows.

Popular culture artists (centered-centered), the standard exclusive contract for popular culture artists (on the center of popular culture artists), the plaintiff (hereinafter referred to as "A") and the defendant (hereinafter referred to as "the representative") (hereinafter referred to as "B") enter into an exclusive exclusive contract for entertainment as follows:

(1) (Purpose) This contract is aimed at promoting the mutual interest and development of Gap and Eul in entertainment activities by entrusting Gap with the management authority for the activities as popular culture artists of Eul (hereinafter referred to as “entertainment activities”) and by providing for all matters necessary for Gap to exercise his authority accordingly.

Article 2 (Grant, etc. of Human Rights) (1) Eul delegates A with the exclusive management authority for entertainment activities provided for in Article 3, and Gap exercises the exclusive management authority delegated by the management authority.

(Mal omitted) Article 7 (Distribution, etc. of Profits) (1) The earnings accrued to A from the entertainment activities of Eul shall be distributed at the ratio of 40% and 60% to Gap.

In this case, the profit subject to profit distribution is directly required at the site as the official entertainment activity of B, all the revenue (the revenue related to the content sale related to B) generated from the entertainment activity of B.

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