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(영문) 서울중앙지방법원 2017.06.22 2016가합535260
손해배상(기)
Text

1. There is no validity of each exclusive agreement entered into on December 2012 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The Plaintiff is the representative director of H(H) of a corporation 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, which is the above H.

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

Under the premise that the Plaintiff and the Defendants actively cooperate with each other for the benefit and development of the exclusive contract (No. 1) Article 1 (Purpose of this Agreement), the Defendants, through their best efforts, shall not only promote their own development by demonstrating their own talents and qualities, but also play an emphasis on their honor and reputation as a popular culture artist. The Plaintiff aims to promote mutual benefits by faithfully implementing the management services so that the Defendants’ talent and qualities can be displayed to the maximum extent possible, and by making the best effort to maximize the Defendants’ interest.

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) (3) The Defendants shall not engage in any conduct detrimental to the dignity of popular culture artists to the extent that it may interfere with entertainment activities, and shall not commit any act detrimental to the honor or credit of the Plaintiffs.

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