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(영문) 서울북부지방법원 2019.01.15 2017나38608

모델료 청구

Text

1. It includes the Plaintiff’s conjunctive claim added by this Court and the claim for damages arising from infringement of portrait rights.

Reasons

(a) The facts subsequent to the facts do not conflict between the Parties, or may be admitted by comprehensively taking into account the overall purport of the pleadings as set out in Gap evidence Nos. 1 to 4, 6, 7, 12, and 20, and Eul evidence No. 1.

1) The Plaintiff’s occupation is a fashion model. 2) On July 27, 2011, the Defendant is a company established for the purpose of clothes retail business, clothing Internet shopping mall business, etc., and operates the Internet shopping mall with the brand name of “D” and “E”.

B. On August 30, 2015, the Plaintiff entered into an exclusive license agreement with C (hereinafter “C”) on the following terms and conditions between September 1, 2015 and February 29, 2016:

* An advertiser: C*A* Contract amount: A* Contract amount: 3 million won per month; * Method of payment: The purpose of this Agreement for the purpose of Article 1 of the post-payment method by the first day of each month is to make contributions and photographs available to the advertisements requested by A (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) under the model speed agreement of C (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”), and to pay the price to B.

Article 2 The term of contract and the term of use of advertisements shall be the period of use beginning with the date of conclusion of the contract and ending on the date of completion of the sale of the goods taken, and the frequency of use and the scope of use and the country of use shall be deemed

In addition, the extension of the contract term can be extended by mutual agreement between A and B.

Article 6 The ownership, copyright, neighboring rights (including portrait rights) and other intellectual property rights of the advertisements, the copyright of which has been completed after the contribution and photographing of the copyright B, shall belong to A, and during the period of sale, A shall have the right to use them as secondary productions and compilations using the advertisements funded by B.

C. On March 1, 2016, the Plaintiff set the contract term between the Defendant and the period from March 1, 2016 to February 28, 2017, as follows: