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(영문) 서울중앙지방법원 2014.11.11 2014나23798
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On February 16, 2011, the Plaintiff and the Defendant entered into a standard exclusive popular culture artist contract with the content that the Defendant entrusted the Plaintiff with the right to manage the activities as a popular culture artist (hereinafter “instant exclusive contract”). The key contents related to the instant case are as follows.

Article 2 (Grant, etc. of Human Rights) (3) The defendant shall not, with respect to the entertainment activities for which the plaintiff is entitled to exercise exclusive authority during the contract period, participate in the contribution negotiation by himself/herself or through a third party other than the plaintiff, or engage in entertainment activities without the plaintiff's prior approval.

Article 4 (Rights, Obligations, etc. of the Plaintiff’s Human Management) (1) The scope of the Human Management Authority and obligations against the Defendant, which the Plaintiff exercises pursuant to Article 2, shall be as follows:

In order to acquire or improve the ability necessary for entertainment activities, the contract negotiation for entertainment activities under Article 3 (1) of the Entrustment, promotion of entertainment activities under Article 3 (2) of the Contract, and support for the receipt of payment, such as contribution to the defendant's entertainment activities, and management of management contents, planning, production, distribution and sale of management contents, and other support for the defendant's entertainment activities. The plaintiff may not demand acts other than the defendant's entertainment activities or preparation for entertainment activities under this contract, which infringe on the defendant's privacy or personality rights, and shall not demand unjust money and valuables.

Article 5 (General Authority and Duties of Defendant) (2) The Defendant shall perform entertainment activities by demonstrating his own talent and ability to the maximum extent according to the Plaintiff’s exercise of his/her human rights.

(3) A defendant shall not do any act impairing the dignity of popular culture artists to the extent that such act may interfere with entertainment activities, and the honor or credit of the plaintiff.

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