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(영문) 서울중앙지방법원 2020.05.29 2019나50177
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 12, 2016, the Plaintiff entered into an exclusive contract with the Defendant, who is conducting an individual model, with the content that the Plaintiff would have the authority to negotiate and conclude contracts for performance and incidental entertainment activities, and to manage planning and organizing schedule. The main contents are as follows.

(hereinafter “instant exclusive contract”). Article 2(1) of the Standard Exclusive Agreement (No. 1) for the Management of Performance Team’s Performance Team’s Standard Exclusive Agreement: The Defendant delegated the Plaintiff with the exclusive right to manage the exclusive activities as a popular culture artist prescribed in Article 4, and the Plaintiff exercised the exclusive right to manage the activities with the delegation of such authority.

Paragraph 2 of Article 2: The plaintiff exercises the right of care in good faith so that the defendant can exert his own talent and ability to the maximum extent, and shall endeavor to ensure that the defendant's personality rights, such as the guarantee of the defendant's private life, are not infringed domestically and externally in relation to the performance and incidental entertainment activities within the scope of the human management authority of

Paragraph 3 of Article 3: The defendant shall not, without the plaintiff's prior approval, participate in a contribution negotiation or conduct a performance and incidental entertainment activity in connection with the performance and incidental entertainment activity for which the plaintiff may exercise exclusive authority during the contract period.

(The scope of group activities does not restrict the personal activities of the defendant, but the scope of group activities shall be stated separately in annexed agreements). The term of the contract under Article 3 and the renewal of paragraph (1): the term of the contract under this Agreement from December 12, 2016 to December 11, 2018 (24 months).

Article 5 (2) : The Plaintiff has the authority to conclude a contract with a third party on behalf of the Defendant by consultation and coordination of the terms, conditions, performance methods, etc. of the contract concerning performance and incidental entertainment activities. In exercising the right of representation, the Plaintiff’s physical and mental health is the Defendant.

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