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(영문) 서울고등법원 2018.01.09 2017나2041123
손해배상(기)
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

Reasons

1. Basic facts

A. The Plaintiff is the representative director of H Co., Ltd. (hereinafter “Co., Ltd.”) established for the purpose of the management business, etc. of artist arrangement and artist management business.

The Defendants are members of the “I”, a male group of H. H.

B. On December 2012, the Plaintiff and the Defendants entered into the instant exclusive agreement (hereinafter “instant exclusive agreement”) with the following content.

Article 1 (Purpose) of the exclusive contract is, on the premise that the Plaintiff and the Defendants actively cooperate with each other for the sake of mutual interest and development, the Defendants, through their best efforts, shall not only promote self-development by demonstrating their own talents and qualities, but also focus on honor and reputation as a popular culture artist. The Plaintiff is promoting mutual interest by faithfully performing the human services so that the Defendants’ talent and qualities can be displayed to the maximum extent possible, and by performing their best best efforts to maximize the Defendants’ interests.

Article 3 (Period of Contract and Renewal) (1) The term of this contract shall be seven years from December 20, 2012 to December 19, 2019.

Article 5 (Plaintiff’s Human Rights and Duties, etc.) (2) The Plaintiff has the authority to conclude a contract on behalf of the Defendants by consulting and adjusting the terms and conditions of the contract with a third party and the Defendants regarding entertainment activities. In exercising the power of representation, the Plaintiff must take into account the physical and mental preparation status of the Defendants, and shall explain in advance the terms and conditions of the contract to the Defendants in advance, and shall not conclude a contract contrary to the explicit statement of intent of the Defendants.

Article 6 (General Authority and Duties of Defendants) (2) The Defendants shall perform entertainment activities by demonstrating their own talent and ability to the maximum extent according to the exercise of the Plaintiff’s human rights.

(3) The Defendants may cause trouble to entertainment activities.

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