beta
(영문) 서울중앙지방법원 2019.10.29 2019가단5004390

손해배상(기)

Text

1. Defendant C and D jointly share KRW 3 million with the Plaintiff and 5% per annum from January 31, 2019 to October 29, 2019.

Reasons

1. Basic facts

A. The Plaintiff considers the model that serves as a body body in advertising and picture shooting as an occupation.

Defendant Company operates a website called “E” (hereinafter referred to as “instant website”) and sells digital images.

Defendant C and D shall jointly operate Fsung Foreign Service Center (hereinafter referred to as the “Defendant Hospital”) in Seocho-gu Seoul Metropolitan Government.

B. On February 19, 2018, the Defendant Company entered into a license agreement with the Plaintiff of the first right holder, the photographer, and G on February 19, 2018 (hereinafter “instant agreement”).

The main contents of the contract are as follows:

Article 1 (Permission for Use and Scope thereof)

1. The entire photograph taken by G on February 19, 2018 by the Plaintiff’s portrait (such as ice, ice, appearance, etc.) shall be considered as the front photograph of this Agreement.

2. The Plaintiff permits the Defendant Company to produce and sell (the sale includes transfer and license; hereinafter the same shall apply) digital images (including photographs, videos, videos, dives, and lives) using the pictures described in paragraph 1. The Plaintiff permits the Defendant Company to do so.

(hereinafter) The Plaintiff’s image made by photographing the Plaintiff’s portrait is referred to as “dyp image.” 4. The Plaintiff consented that digital image is used in all online and offline media for all purposes, including web design, advertising of goods or services, private objects, DM, advertising sites, leaflets, promotional materials, such as PR, and packaging.

Article 2 (Term of Contract)

1. The period of allowing the use of the Plaintiff’s portrait as to the photographs specified in Article 1 (Period of Contract) shall be seven years after reaching an agreement with the Plaintiff;

Provided, That digital images sold or agreed to sell during the contract period shall be used permanently.

Article 3 (Contract Amount and Settlement Method)

1. The amount of the model fee under this contract is KRW 700,000, and the defendant will not make any additional claims for the use of digital images for any reason.