(영문) 서울서부지방법원 2020.02.18 2018가단232044

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(영문) 서울서부지방법원 2020.02.18 2018가단232044

손해배상(기)

Text

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

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

Reasons

1. Basic facts

A. On November 25, 2013, the Plaintiff and the Defendants entered into an exclusive contract (hereinafter “instant exclusive contract”) with the terms of delegation of the exclusive management authority with respect to the Defendants’ entertainment activities.

In the below, the plaintiff Gap and the defendants Eul are the defendants.

Article 3 (Period and Renewal of Contract) (1) The term of this contract shall be from November 25, 2013 to November 25, 2020 (7 years, 84 months).

Article 6. B’s general authority and duties (1) A may present its opinion at any time on the entertainment activities of Party A exercised pursuant to Articles 2 and 5, and, if necessary, request Party A to peruse or copy materials, documents, etc. related to the entertainment activities of Party B, and Party A shall comply with them.

Article 12 (Distribution, etc. of Profits) (1) All incomes derived from this Agreement shall be received by A once and distributed in accordance with paragraphs 2 and 3 below.

Provided, That if a member of the Group B works as a member of the Group B, the income from the entertainment activity in question shall be divided by the number of persons of the relevant group.

(7) A shall settle the money to be distributed to B as the last day of each month and pay it to the deposit account designated by B by the end of the following month.

Provided, That with respect to the part difficult to settle each month, it may be notified of such fact to B and a separate settlement cycle and payment date may be determined.

(8) A shall provide B with data for settlement of accounts (data that can prove total income, expenses, details of deduction, etc.) simultaneously with the settlement of accounts.

Within 30 days from the date of receipt of the settlement data, Eul may raise an objection against Gap, such as where the deducted expenses for the settlement of accounts are excessive or the revenue of Eul is underestimated, and Gap shall faithfully provide the basis for the settlement of accounts.

Article 15 (Cancellation or Termination of Contract) (1) A or B violates the terms and conditions of this contract.

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