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(영문) 서울고등법원 2018.02.09 2016나2052300
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

A. The Plaintiff is an artist concurrently engaged in music and entertainment activities. The Defendant is a entertainment management company established for the purpose of the production of broadcast program, sound recording production, entertainment agency business, etc.

B. Around September 25, 2000, the Plaintiff entered into an exclusive agreement with the Defendant. Around December 18, 2003, the Plaintiff, as a member of the Defendant Group “C”, entered into a modified agreement with the Defendant to extend the period of exclusive contracts, etc. on December 18, 2003, which had been located in the front of the cover of the land (hereinafter collectively referred to as the “instant exclusive agreement”), and the main contents of the instant exclusive agreement are

(‘A’ and “B” refer to the Defendant, and “B” refer to the Plaintiff). In order to efficiently perform entertainment activities referred to in Article 1(1)(2) of the Exclusive Contract (Evidence A), domestic and foreign entertainment activities, propaganda, contribution, interference, and all legal actions are designated by “A” or “A”, and “B” shall not personally engage in the contract or commitment on the activities, and shall be based on the performance of the work activities and performances.

Article 2 (Term of Contract)

1. The duration of this Agreement shall begin on September 25, 200 and end on the seventh anniversary of the sale of the first music record.

2. In a case where normal activities cannot be performed as the personal affairs of “B”, the contract term shall be automatically extended as long as the contract term is extended.

The agreement (Evidence A 3) and “B” shall be amended by the following: (a) the exclusive agreement entered into between “A” and “B” on September 25, 2000 (hereinafter referred to as the “Agreement”):

- - Sound

1. The seven years mentioned in Article 2(1) of the Contract shall be changed to 13 years;

C. Since then, the “C” group, to which the Plaintiff was affiliated, sold the “E” as of July 20, 2004, and sold the “E” as of September 20, 2004, and was engaged in entertainment in Korea and Japan, but did not obtain a large figure.

The plaintiff withdrawn from C around May 2006, and thereafter began to serve as a postponed in Korea. D.

The plaintiff is the defendant around October 13, 2009.

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