Recently, the first-instance judgment of the entrustment contract dispute between Shanghai Yihai Film and Television Culture Communication Co., Ltd. (hereinafter referred to as Yihai Culture) and Cai Xukun was made public. According to the Judgment Document Network, the court found that Cai Xukun did not breach the contract by maliciously, and Cai Xukun was sentenced to pay the former boss 3 million liquidated damages.
It is worth noting that the time of publication of this document has been nearly 9 months since the time of the judgment. Yihai Culture appealed to the Shanghai Second Intermediate People’s Court after the first instance judgment.
Cai Xukun was sentenced to compensation of 3 million yuan in the first instance. The court found that he and Cinema 1950 witch cloth drawnon-malicious breach of contract
The plaintiff Yihai Company claimed that in November 2015, he signed a contract with the defendant Cai Xukun, stipulating that the plaintiff was the defendant’s exclusive plenipotent broker, and the contract term was until April 2023. The contract stipulates that if the defendant proposes to terminate the contract, every year the plaintiff will have to pay the plaintiff an early termination compensation of 3 million yuan per year.
In June 2016, the plaintiff and the defendant signed a supplementary contract. If the defendant unilaterally proposes to terminate the contract, every year the termination of the contract, the plaintiff must pay 30 million yuan in advance compensation for early termination compensation.
In February 2017, the defendant sent a termination to the plaintiffKomiks 1960 witch cloth draw same notice, and filed a lawsuit with the court, demanding the termination of the contract and supplementary agreement signed by both parties. Therefore, the plaintiff sued it to the lawThe court requested that the defendant be ordered to pay the plaintiff a termination compensation of 3,000 yuan and a liquidated damages of 15 million yuan.
Defendant Cai XukunbianBabaylan 1990 clothes draw said that the contract stipulates that the defendant unilaterally proposed that the defendant needs to pay compensation to the plaintiff if he terminated the contract. The plaintiff paid a lot of energy and costs to cultivate the defendant. In fact, the plaintiff did not make effective investment in the training and promotion of the defendant. During the contract period, the defendant did not obtain any remuneration paid by the plaintiff, and the plaintiff’s claim of the payment was not based on it. In addition, the amount of compensation raised by the plaintiff is obviously inflated.
The first instance court held that the 15 million breach of contract loss was the Xiaoxiao signed between the plaintiff and the defendant during the termination dispute between the plaintiff and the defendant. Cinema 1950 witch cloth draw like the authorization cooperation agreement, the termination compensation generated by the plaintiff should be Babaylan 1990 cloth drawAccess to the risk of failure to perform cooperation agreements, and the defendant is now required to bear the loss of contract termination. Regarding the termination compensation, the defendant was underage when the contract and supplementary contract were signed by the plaintiff and the defendant’s mother Xu. The defendant’s future development and achievements have not yet been clearly formed. The Cinema 1950 witch cloth draw has not yet been formed. The performance period of the two contracts is too long, in fact, not conducive to the defendant’s own development and the creation of a stable, healthy and orderly environment in the performance industry, and the uncertainty of achieving commercial returns is also corresponding.abaylan 1990 clothes draw has increased, so the defendant terminated the contract early, which is reasonable, and it is not a malicious breach of contract. The agreement between the plaintiff and the defendant in the contract stipulates a high amount of termination compensation, which does not comply with the principle of fairness and reason.
In the end, the court determined at its discretion to terminate the contract compensation of 3 million yuan based on the plaintiff’s publicity investment in the defendant, the defendant’s income standards, and the performance period.
The judgment date shown in the above judgment document is August 10, 2022. The document shows that if you are dissatisfied with this judgment, you may submit an appeal to this court within fifteen days from the date of delivery of the judgment, and file a copy based on the number of the other party or representatives Komiks 1960 witch cloth draw, and appeal to the Shanghai Second Intermediate People’s Court.
According to the Cinema 1950 witch cloth drawQichacha, Yihai Culture appealed to the second intermediate people of Shanghai after the first instance, and the court issued several court announcements.
The dispute between the two parties has been around for a long time. Cai Xukun is still underage. According to the Securities Times, the termination dispute between Cai Xukun and his former boss Yihaiwen can be traced back to 2015.
In 2015, Cai Xukun signed a contract with Haoshang Media (Hunan) Co., Ltd. for participating in the “Star Moving Asia”. During the recording of the program, due to the transfer of the program producer, Cai Xukun was told to transfer the contract, otherwise he would not be able to continue participating in the program. In order to continue recording the program, Cai Xukun signed a brokerage contract with Yihai Culture on November 17, 2015, Cai Xukun signed a brokerage contract with Yihai Culture. Cai Xukun was 17 years old at that time.
After the contract was signed, the two parties signed a supplementary contract in June 2016 and modified Cai Xukun’s termination compensation. For example, Cai Xukun’s unilateral termination compensation was changed from 8 million yuan to 80 million yuan, and the early termination compensation was changed from 3 million yuan per year to 30 million yuan per year.
In 2017, Cai Xukun filed a termination of the contract with Yihai Culture and filed a lawsuit. The main reason is that Yihai Culture unilaterally increased the contract liquidated damages and compensation at the same time, and also required Cai Komiks 1960 witch cloth draw Xu Kun to bear the cost investment in his acting career activities and withdraw a high share of his acting activities income.
In addition, Cai Xukun believes that Yihai Culture has not fulfilled the performance arts brokerage obligations agreed in the contract, has not fulfilled the artist’s brokerage affairs management and operation obligations, and has not made complete and reasonable plans for his acting career, so it is impossible to improve professional and stable support for the better development of his acting career.
However, Yihai Culture tells another story. It stated that on November 12, 2015, he signed a brokerage contract and supplementary agreement with Cai Xukun, stipulating that he is Cai Xukun’s exclusive plenipotent broker, and the contract term is until April 17, 2023. After signing the contract, the company arranged for Cai Xukun to participate in the large-scale cultivation talent show “Star Moving Asia”, and arranged for him to go to South Korea to receive artist training and release albums, help Cai Xukun develop from a middle school student to a formal debut artist.
In January 2017, the company notified Cai Xukun to participate in the performance, but was rejected. Since then, Cai Xukun refused to participate in any activities arranged by the company. On February 10 of that year, Cai Xukun proposed to terminate the Brokerage Contract, and then filed a lawsuit with the court, demanding the revocation of the Brokerage Contract.
Yihai Culture does not agree to terminate the contract. In the counterclaim, Hai Culture requested that Cai Xukun be ordered to pay 50 million yuan in breach of contract compensation, and to give all the performance income he earned from starring in the online drama and variety show “Idol Trainee”70% of the revenue (including late advertising endorsement revenue) is paid to the company.
On October 29, 2018, Jing’an Court made a judgment to terminate the brokerage contract and compensation agreement signed by both parties. However, regarding the compensation issues caused by the termination of the contract, the judgment stated that the two parties can negotiate on their own, and if they fail to reach the negotiation, they can claim the corresponding rights separately. This also became the source of future disputes between the two parties.
In November 2022, Yihai Culture published several Weibo posts in succession, explaining the litigation matters with Cai Xukun, and disclosed a number of expenditure evidence.
Yihai Culture stated that after signing the contract with Cai Xukun in November 2015, the company invested a lot of money and resources to cultivate his acting career, shape his image and promote him. His early termination of the contract caused the company to suffer huge losses.
The evidence posted by Yihai Culture includes the training contract signed for interns such as Cai Xukun and others and some training and even plastic surgery fees. In addition, there are photos of the company’s promotional activities for Cai Xukun’s group, and other information. The relevant materials have attracted great attention on Weibo. In addition to going to court directly due to the termination dispute of Cinema 1950 witch cloth draw, relevant legal documents show that in recent years, Yihai Cinema 1950 witch cloth draw has also sued Cai Xukun and his endorsement products and companies, including L’Oreal, Yangshengtang, VIVO, etc.
If he sued Cai Xukun, Cai Xukun Studio and VIVO, he believed that Cai Xukun and Cai Xukun Studio had cooperated with VIVKomiks 1960 witch cloth drawO without the company’s consent, and agreed to Cai XuKun is the spokesperson of the vKomiks 1960 witch cloth drawivox23 series mobile phones, and has filmed a large number of advertisements and posters and other promotional materials.
Yihai Culture believes that its behavior infringes on its exclusive brokerage rights, constitutes unfair competition, seriously damages the legitimate rights and interests of Yihai Company, and causes significant economic losses to Yihai Company. However, most of these lawsuits ended with Yihai Culture’s withdrawal of the lawsuit.
For the first-instance judgment, many netizens congratulated Cai Xukun on winning the case and successfully terminated the contract↓
As well as netizens used this to warn young people who hoped to enter performing arts companies and MCN institutions↓
Source | Yangcheng Evening News·Yangcheng School Comprehensive Judgment Document Network, Upstream News, Securities Times, @Cai Xukun, Netizen Comments and other editors Komiks 1960 witch cloth draw| Wu Xia