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(영문) 서울중앙지방법원 2021.02.18 2020가단5135955

약정금

Text

1. The Defendant’s KRW 88,000,000 and its relation thereto to the Plaintiff are 6% per annum from March 31, 2019 to May 28, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the entertainment business, and the Defendant is a company engaged in the business of manufacturing and selling bedclothess and clothing.

B. On January 2019, the Plaintiff and the Defendant entered into an advertising model contribution agreement (hereinafter “instant contract”) with the content that allows Aststru C, who entered into the exclusive agreement with the Plaintiff, to act as the Defendant’s “D” advertising model, and the part related to the instant case is as follows (hereinafter “the owner of an advertisement”); “Defendant”; “the owner of an advertisement” “the Plaintiff”; and “C” “the model” “C” respectively. Article 1(Purpose of the contract) aims to clarify the rights and obligations between the advertiser and its affiliated private and model when the advertiser requests or proceeds with the advertising model to which he belongs.

Article 2 (Scope of Advertisement Model and Period of Use) ① Models are obligated to contribute to the video media (TV, cable broadcasting, IPV, DMB and satellite broadcasting, etc.), new media (Internet, hosts, mobile, SNS channels, etc.), outdoor media (e.g. theaters, stores, electronic sign boards, buses, PPOP, businesss, etc.), printing media ( newspapers, magazines, car-months, CDs, leaflets, etc.), recorded editings of the advertiser and its own news materials (sites, resignations, car-months, car-camps, etc.), B, event sites, and all other advertisements required by the advertiser.

(2) In principle, the model shall be taken twice in images, and twice in panpanty, but the advertisements taken with the contribution of a model may be compiled and executed on the advertising media and advertising materials required by an advertiser pursuant to the agreement under this contract without any number and form limit, depending on the characteristics and use of the media within the contract period.

(3) The period of use of an advertisement shall be one year (one year from March 1, 2019- February 29, 2020) from the date of initial exposure to the advertisement, and if the exposure (transmission) is delayed due to the advertiser's circumstances, the period of use shall be two months from the date of initial exposure to the advertisement.