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(영문) 서울서부지방법원 2017.11.29 2016가합38443
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

A. The Plaintiff entered into an exclusive contract (hereinafter “instant exclusive contract”) with the Defendants, as indicated below, with the purpose of the entertainment planning company for the production of music records and the entertainment management, etc., and the main contents of the instant exclusive contract related to the instant case are as follows.

On February 13, 2013, the term of the contract of the defendant contract expires, and the contract date of the contract of the defendant is July 3, 2018, D on July 27, 2013, July 2018, 2013, and D on December 27, 2018, December 27, 2019, E on December 26, 2019, September 25, 2012, Article 2 (Grant, etc. of Authority of Popular Culture artists) of the Standard Exclusive Contract (hereinafter referred to as “entertainment activities”) ① The defendant delegates the plaintiff the exclusive management authority for the activities of popular culture artists as prescribed in Article 4 (hereinafter referred to as “entertainment activities”), and the plaintiff shall exercise it with the delegation of such management authority.

However, the same shall not apply where both parties agree to withhold the Plaintiff to delegate part of the exclusive management authority to the Plaintiff.

② The Plaintiff shall exercise the Human Rights in good faith so that the Defendant can exercise his/her own talent and ability to the maximum extent, and shall endeavor to ensure that the Defendant’s personality rights, such as the guarantee of the Defendant’s private life, in relation to entertainment activities within the scope of the human rights.

However, in order to enhance the efficiency of entertainment activities and manage the defendant's image, the plaintiff may partially restrict the defendant's privacy by enacting internal regulations, such as restrictions on the use of external communication means, such as the defendant's mobile phone and SNS, and management of accommodation life, for a certain period after the commencement of the contract.

These restrictions can be cancelled if the plaintiff and the defendant agree.

Article 5 (Plaintiff’s Human Management Authority, Duties, etc.) (1) The Plaintiff has the following management authority and duties against the Defendant under this Agreement:

1. The necessary capacity;

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