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(영문) 서울중앙지방법원 2018.12.04 2017가단5157689
손해배상(기)
Text

1. The Defendant’s KRW 35,646,00 and the Plaintiff’s annual rate of KRW 5% from September 2, 2017 to December 4, 2018, and the following.

Reasons

1. Basic facts

A. On November 15, 2016, C, the representative director of the Plaintiff, entered into an exclusive contract with the Defendant on the premise that the Plaintiff succeeds to the status of the contract (the Plaintiff’s registration of incorporation was completed on November 25, 2016), on the premise that the Plaintiff succeeds to the status of the contract (the term of the contract: November 15, 2016 to October 9, 2023; hereinafter “instant exclusive contract”).

B. On April 21, 2017, the Defendant expressed the Plaintiff’s intent to refuse to comply with the instant exclusive agreement, with the Defendant’s mother-friendly D, leaving the dwelling with the Defendant’s mother-friendly D, on the grounds of stress and infertility with those who were influences.

C. Around May 15, 2017, the Defendant did not return to the Republic of Korea, and the Plaintiff notified the Defendant of his intention to rescind the instant exclusive contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above fact of recognition of liability for damages, the exclusive contract of this case was legally rescinded by the plaintiff's declaration of intent of rescission on the ground of the defendant's reasons attributable to the defendant.

On the other hand, the defendant asserts that the contract of this case was concluded in a state of mistake that the defendant and his legal representative D want to be manufactured as a waste in March 2017. Thus, the defendant revoked it by delivery of a duplicate of the written response of this case, and ② the contract was terminated in accordance with Article 15(4) (the contract is terminated in case where the "B" is seriously ill or injured and it is difficult to continue entertainment activities due to the occurrence of a serious injury) and the contract was concluded around April 21, 2017, and thus the plaintiff cannot claim damages.

In full view of the evidence submitted by the defendant, ① the fact that the plaintiff committed a promise to determine the defendant's performance as a cover of March 2017, and that the plaintiff concealed or silentd the plaintiff's human and material facilities size, etc., as an entertainment management company that should inform the defendant of the fact.

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