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(영문) 서울동부지방법원 2018.01.10 2016가합111377
무역에관한 소송
Text

1. As to KRW 131,58,705 and KRW 113,57,647 among the Plaintiff and KRW 113,57,647, the Defendant shall pay to the Plaintiff KRW 18,031,058.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur engaged in entertainment management business under the trade name of “F,” and the Plaintiff has C, a husband, as an affiliated artist.

The defendant is a company that engages in music record production business, entertainment entertainment management business, etc.

B. On December 1, 2013, the Plaintiff entered into an exclusive contract with the Defendant (Slast89, Inc., Ltd.) with respect to C for the duration of the contract from December 1, 2013 to September 30, 2016 (hereinafter “instant exclusive contract”). Article 5 [Defendant’s Human Rights and Duties, etc.] (1) of the instant exclusive contract (hereinafter “instant exclusive contract”), the Plaintiff has the following management authority and duties with respect to C:

2. Negotiations and conclusion of contracts for entertainment activities provided for in Article 4 (1);

3. Contributions, negotiations and contracts for media under Article 4 (2).

4. Active publicity and advertisement of bottle's entertainment activities;

5. Receipt and management of all prices related to entertainment activities by a third party;

7. Content planning, production, distribution and sale [content attribution, etc.] ① Contents developed and produced by Gap (referred to as "content" in this contract) in relation to Byung's entertainment activities in relation to Byung's entertainment activities are reverted to Gap, and the media (referred to the results developed and produced through television, radio, mobile device, Internet, CD, MP3, etc.) in relation to Byung's entertainment activities are reverted to Gap, and the right necessary for the use of contents containing Byung's performance shall be granted to Gap automatically at the same time as the occurrence of the occurrence of the duration of the contract.

(2) Where sales have occurred pursuant to paragraph (1) after the termination of the contract, A shall distribute profits to B (Plaintiff) by the ratio and method prescribed in Article 12 (2).

Article 12 [Adjustment, etc. of Contract Deposit and Proceeds] ① There shall be no down payment under this case’s exclusive agreement between A, B and C, and all incomes related to entertainment activities of Byung shall be received by A and distributed to B respectively in accordance with paragraphs 2 and 3 below.

(2) Revenues related to the sale of music records and content produced by Byung shall be sold in total.

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