[Civil & Real Estate] Successful 90% Reduction in Damages Claim Regarding MCN Exclusive Cont…
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최고관리자 작성일26-05-26본문
Case Type: Intellectual Property (MCN Exclusive Contract Dispute & Claim for Damages)
Result: Final settlement reached at 3.1 million KRW with all civil and criminal disputes resolved.
Case Details:
1. Case Overview
The client, a 19-year-old university student, entered into an exclusive MCN contract with B Entertainment (hereinafter "Company B") based on verbal assurances of high daily earnings, flexibility to balance studies, and creative freedom. However, once broadcasting commenced, Company B compelled the client to stream for over 4 hours a day, at least 5 days a week, and demanded sexually revealing outfits, contradicting the initial terms. Despite ongoing harassment from viewers and unauthorized recordings of the live streams, the company failed to provide any protective measures. Suffering from severe psychological distress, the client notified the company of contract termination. In response, Company B immediately issued a certification of contents demanding approximately 29.8 million KRW in damages and threatening legal action.
2. Legal Counsel and Strategy
Upon retaining the case, this counsel conducted a meticulous review of the contract and its supplementary agreement. Although the contract was labeled as a "Seoul-type Standard Contract," it contained unfair clauses that deviated significantly from the actual standard form. Notably, the supplementary agreement mandated a penalty of 'three times the down payment' despite the fact that no down payment had ever been paid, and it entirely lacked any objective criteria for calculating damages. Such one-sided clauses are highly likely to be deemed null and void under the Act on the Regulation of Terms and Conditions. This counsel promptly dispatched a counter-certification of contents to Company B, establishing that the damages claim lacked legal merit. Concurrently, we demanded the payout of unpaid settlement revenues due to the client, arranged the return of leased equipment, and firmly warned that persisting with groundless, exorbitant financial demands could constitute intimidation under criminal law.
3. Case Outcome
Company B retained its own legal counsel to respond, but through persistent legal arguments and strategic negotiations, this counsel sought to minimize the client's legal and financial exposure. Consequently, a mutually agreed settlement of 3.1 million KRW was achieved—comprising verified expenses and a minor loan return—effectively securing a 90% reduction from the initial demand. Upon payment of this settled amount, all civil and criminal liabilities between the client and Company B were completely terminated, ensuring that no further legal actions could be pursued against the client in the future.
Case Inquiry: Attorney Woo-joong Kim