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(영문) 서울중앙지방법원 2017.08.23 2016가합32211
계약해지확인의 소
Text

1.(a)

The exclusive agreement and attached agreement entered into between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) on February 4, 2014, respectively.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiffs are the number of companies engaged in activities under the name of “C”, and the Defendant is an entertainment management company with the purpose of production and distribution business of artist arrangement and management business, film, music record, game competition, character, etc.

B. On February 4, 2014, Plaintiff A delegated the exclusive management authority of all entertainment activities of the Plaintiffs to the Defendant on June 19, 2015, and the Plaintiff B entered into an exclusive contract with each of the Defendant (hereinafter “each of the instant exclusive agreements”) and the attached agreements (hereinafter “each of the instant attached agreements”) with which the Plaintiffs would receive part of the profits accrued from the entertainment activities of the Plaintiffs. The main contents of the instant agreement are as follows.

Article 2 (Grant, etc. of Human Rights) (1) of the respective exclusive contract of this case (hereinafter “the exclusive contract of this case”) delegates the Defendant with the exclusive right to engage in the activities as a popular culture artist prescribed in Article 4 (hereinafter “entertainment activities”), and the Defendant exercises the exclusive right to engage in such activities upon delegation.

However, the same shall not apply where both parties agree to withhold the delegation of part of the exclusive management authority to the Defendant.

Article 3 (Term of Contract and Renewal) Plaintiff A: (1) The term of this Agreement shall be from February 4, 2014 to February 3, 2019 (five years).

Plaintiff

B: (1) The term of this contract shall be from June 5, 2015 to June 5, 2020 (five years).

Article 5 (Defendant’s Human Management Authority, Duties, etc.) (1) The Defendant has the following authority and duties against each Plaintiff in accordance with this Agreement:

1. Implementation or entrustment of all education for the acquisition and improvement of necessary abilities;

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

3. Contributions and negotiations to the media referred to in Article 4 (2).

4. Each plaintiff.

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