Full text of the provisional injunction on the suspension of the validity of the exclusive contract of Fifi

(1)Civil Affairs Department of the Seoul Central District Court
(2)2023 Kahab 20794 Provisional Disposition for Suspension of Exclusive Contract
(3)Since he is a minor, his legal representative is father Dmo E
(4)Since he is a minor, his legal representative is father G. H
(5)The creditors’ legal representative, the law firm, Yuhan Barun
(6)Lee Dong-hoon, Yoo Young-seok, Lee Jae-won
(7)I Co., Ltd
(8)Seojeong, a law firm, as a legal representative
(9)Attorney in charge Kim Byung-ok, Kim Ki-ryeong, Kim Jung-min
(10)Law Firm Limited Square
(11)Lawyer in charge, Han Kyung-hwan, Park Jae-hyun, Jung Heon-jae
(12)1 All applications in this case are dismissed
(13)2 The costs of litigation shall be borne by the creditors
(14)1 Creditors until the judgment of the main case in the case of requesting the non-existence of an exclusive contract between the creditors and the debtor

(1)Suspension of the effect of each subsidiary agreement on the same date as each of the 202235 parties concluded by the and debtor
(2)2 In connection with the entertainment activities of creditors, such as broadcasting, movie-appearing concerts, etc., participating in record production, various entertainment events, etc.
(3)(a) Negotiating or concluding all contracts with a third party, such as a broadcasting company, record production company, performance agency, advertising agency, advertising agency, etc
(4)An act of demanding entertainment activities from creditors individually or jointly against the will of creditors. An act of raising objections to or requesting a ban on the entertainment activities of creditors against a third party, such as a broadcasting company, a record production company, a performance agency, an advertising agency, and an advertising agency
(5)No other act that interferes with the free entertainment activities of creditors shall be committed on the premise that the exclusive contract under paragraph (1) is valid
(6)1 fact of explanation
(7)When the purpose of the record and interrogation is put together, the following facts are clarified
(8)The creditors are a female idol group named J, who has been engaged in entertainment activities, and the debtor is a company that runs a management business
(9)While preparing for their singing activities as trainees of L Corporation, which is run by the debtor’s CEO K, the creditors signed an exclusive contract with the debtor 202235 to have exclusive rights to the entertainment-related activities of the creditors, hereinafter referred to as the exclusive contract in this case Among the exclusive contracts in this case, the parts related to this case are as follows

(1)Article 2 Granting of Management Authority, etc
(2)① Creditors believe that the activities of the debtor as a pop culture and artist prescribed in Article 4 below shall be the activities of entertainment
(3)The exclusive management authority for Lahanda is delegated, and the debtor exercises such management authority
(4)② The debtor faithfully exercises management authority so that creditors can maximize their talents and abilities
(5)③ Creditors shall not engage in entertainment or engage in entertainment activities on their own or through a third party other than the debtor without prior approval from the debtor in connection with entertainment activities in which the debtor is supposed to exercise exclusive authority during the contract period
(6)Article 5 The debtor’s management authority, duties, etc
(7)① The debtor shall have the following management authority and obligations to the creditors under the exclusive contract in this case
(8)1 Conducting or entrusting all education to acquire and improve necessary skills
(9)2 Negotiation and conclusion of contracts for entertainment activities
(10)Negotiations on contributions to the media under Article 4 (2)
(11)4 Promoting and advertising of creditors’ entertainment activities
(12)5 Receiving and managing consideration for creditors’ entertainment activities from third parties
(13)6 Planning, composition, and directing schedule management for entertainment activities
(14)7 Planning, production, distribution and sales of contents

(1)have reached a ruler
(2)The creditors filed the application for this case, 2023 619 three days after the date of sending the above proof-of-content mail
(3)2 Summary of Claims of Creditors
(4)Due to the debtor’s violation of the obligations under the exclusive contract in this case, the trust relationship between the creditors and the debtor was lost, and the creditors terminated the exclusive contract in this case for this reason, seeking the same provisional disposition as stated in the purpose of the application
(5)1 The debtor violated the settlement obligation and the obligation to provide settlement data set forth in Article 12 of the exclusive contract in this case by not revealing the amount of sales or income generated from the record or sound source of the creditors and not reflecting it in the income details of the settlement statement provided to the creditors
(6)2 Not only did debtor demand excessive weight loss from creditors, but creditor C is continuously receiving psychiatric treatment after being diagnosed with panic disorder around 8th day of 2022, and creditor F has been continuously showing symptoms of stomach cramps and abdominal pain since around 10th day of 2022, but the health of creditors has deteriorated significantly as he was diagnosed with cholecystitis and gallbladder polyps around 1st day of 2023 and received surgical treatment around 5th day of 2023 Nevertheless, the debtor did not give consideration to the health status of creditors in demanding creditors to carry out excessive activities or planning their entertainment schedules This violates the obligation to manage physical and mental health stipulated in Article 5 of the exclusive contract in this case
(7)3 Since the beginning of the creditors’ trainee life, executives and employees of R, an outsourcing company, have been in charge of all tasks such as planning, production, and promotion of J’s record, but R has decided not to be in charge of J’s work anymore, and the debtor does not have a record producer or public relations expert whose creditors have reliable capabilities. As such, the debtor violated Article 13, Paragraph 1 of the exclusive contract in this case because he does not have the human and physical resources necessary for planning, production, and public relations activities related to the release of records and entertainment activities
(8)4 The debtor requires J’s income from records and sound sources to be covered by the advance payment of KRW 9 billion that S paid to L in advance without receiving direct settlement from the sound source distribution company, such as S or S Creditors have never heard or agreed to the above settlement structure, and the above settlement method is the debtor

(1)It is also an act of breach of trust by the CEO against the debtor The debtor receives an advance payment from S and pays the J
(2)It claims that it used about KRW 6.3 billion for indirect expenses of about KRW 3 billion for direct expenses for production and entertainment activities, but has not informed creditors of the specific details As a result, creditors lost confidence in the debtor
(3)3 Judgment
(4)(a) related to
(5)An exclusive management contract is a contract in which an agency or manager provides services related to entertainers’ entertainment business, and entertainers are obligated to engage in entertainment activities only through their agency or manager and not to engage in entertainment activities directly or through a third party. Due to its nature, an exclusive contract is essential to maintain a high level of trust relationship between the parties to the contract in order to achieve the purpose of the contract, and no other person can replace the exclusive activity obligation borne by the entertainer under the exclusive contract Forcing a celebrity to perform exclusive activities contrary to his or her free will on the grounds that there is no serious reason to expect the continuation of the contract even if the trust relationship between the parties is broken results in excessive infringement of the celebrity’s personal rightsTherefore, if the mutual trust relationship between the parties to the contract is broken, it should be considered that the celebrity can terminate the exclusive contractSee Supreme Court 2019910 Sentence 2017Da258237 Judgment
(6)The person claiming the extinguishment of the contractual relationship shall be responsible for proving such circumstances that have reached the point where it is difficult to maintain the exclusive contractual relationship in the caseSupreme Court 2015 423 Sentence 2011Da1910219119References
(7)I’m making a specific judgment
(8)In light of the following circumstances explained by the purpose of the entire record and interrogation, it is difficult to say that the data submitted so far, including additional claims and claims submitted after the deadline of 2023 726 alone, has caused the reason for termination of the exclusive contract in this case or that the mutual trust relationship, which is the basis of the exclusive contract in this case, has been irreversibly broken Therefore, there is a lack of explanation regarding the right to be preserved or the necessity of preservation of the application in this case
(9)1 Submitted data alone shall be the amount of revenue from J’s sales of records and sound sources or entertainment activities required for J’s production, etc

(1)In light of the difficulty of seeing it as, R decided not to take charge of tasks related to creditors anymore
(2)It is difficult to say that the debtor is violating Article 13 (1) of the exclusive contract in this case alone. 5 Notification of the details and items used for J production among the advance payments paid by the music distributor, which creditors questioned, and whether the debtor’s representative director was violated and whether or not the settlement was not properly paid to the creditors should be judged through a close hearing and evidence investigation in the main lawsuit. At this stage, it is difficult to conclude that there was a violation of the obligation to settle or provide settlement data to destroy the trust relationship
(3)6 Creditors suddenly sent notice to the debtor that they would terminate the exclusive contract in this case shortly after J’s operation was suspended due to creditor F’s surgery around May 2023 and some creditors returned to their respective home after contracting the COVID-19 virus Moreover, creditors applied for this case even before the 14-day grace period under Article 15 of the exclusive contract in this case has passed. Even if the debtor was somewhat inadequate in fulfilling his obligations under the exclusive contract in this case, it is difficult to conclude that the debtor’s breach of trust, which is the basis of the exclusive contract in this case, has reached a level where the debtor’s breach of duty has not been confirmed, such as repetition or long-term violation of the debtor’s obligation
(4)4 Conclusion
(5)The application for this case is without merit, and all of them are dismissed
(6)Judge Park Beom-seok Judge Shin Dong-woong Cho Jung-yong