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(영문) 서울고등법원 2019.12.05 2019나2019762
전속계약효력부존재확인의소
Text

1. Revocation of a judgment of the first instance;

2. The exclusive agreement concluded on May 19, 201 between the Plaintiff and the Defendant is null and void.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in Paragraph 1 of the reasoning of the judgment of the court of first instance, and such reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure

2. Summary of the plaintiff's assertion

A. On the ground of the Defendant’s breach of the duty to settle accounts (i.e., termination due to the instant breach of the duty under the instant exclusive agreement) the Defendant, each month, paid the Plaintiff the income accrued from the Plaintiff’s entertainment activities and provided the settlement data. The Defendant failed to comply with the said duty. Although the Plaintiff requested the Defendant to provide settlement and settlement data and requested correction thereof on July 2018, the Plaintiff did not correct it. On the ground that on August 31, 2018, the Plaintiff sent to the Defendant a letter of termination of the instant exclusive agreement. As such, the instant exclusive agreement was terminated on August 31, 2018, and the instant exclusive agreement was terminated on the ground of the Plaintiff’s violation of the duty to protect personal rights. (ii) The Defendant bears the duty to endeavor not to infringe the Plaintiff’s personal rights under the instant exclusive agreement, and the Defendant’s employee D, who is in charge of the Plaintiff, violated the Plaintiff’s desire and insulting remarks, thereby failing to correct it until July 18, 2018.

On August 31, 2018, the Plaintiff sent to the Defendant a letter that the instant exclusive contract will be terminated. As such, the instant exclusive contract was terminated on August 31, 2018.

B. The Defendant violated the instant exclusive contract by failing to perform the pertinent exclusive contract, such as unfairly treating the Plaintiff, etc., on the ground that the trust relationship was destroyed.

In other words, the above D continued to take a bath to the Plaintiff and repeated words and actions that disregard the Plaintiff, and even though the Plaintiff demanded correction regarding D’s speech and behavior, the Defendant neglected this.

In addition, when the defendant executes the contribution contract for advertisements, etc., he shall make advance the contract contents and schedule to the plaintiff.

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