손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 180,00,000 and the interest rate of KRW 15% per annum from December 24, 2016 to the date of full payment.
1. Facts of recognition;
A. On June 7, 2016, the Plaintiff entered into a model agreement with the Defendant and Nonparty C as the model (hereinafter “instant model agreement”) and the terms and conditions of the agreement (Defendant A, Plaintiff B, and C) are as follows.
Article 1 (Purpose of Contract) The purpose of this Agreement is to provide for the relationship between Gap, Eul, and Byung (hereinafter collectively referred to as "parties"), as a result of Byung's contribution to advertisement products of cosmetics.
Article 2(Scope of Contribution and Scope of Use) Model Name: C2) Model Period and scope of use shall be the period of time from the date of the first posting of advertising products until one year from the date of the first posting of the advertising products, and the products using advertising products shall be the total of nine kinds of products, such as the basic cosmetics 5 kinds (Skin, fashion, nutrition cream, hydrogen cream, Akcream, mack factoring, liquor improvement agents, and brine.
The scope of advertisement shall be all the world areas including Korea, Japan and China.
3) A may commercially use all advertising materials without paying additional costs for one month (the period of replacement of materials) from the date on which the contract period under paragraph 2 of this Article expires, and B agrees thereto. Article 3 (Prohibition of Advertising Contribution for Other Competitive Products) C may not contribute to the advertising of A to the competitor or use the portrait, voice, name, etc. of the model for this purpose during the contract period (including the extended or recontract period). The advertising model fees under this Agreement shall be KRW 360,00,000 (VT separate) in total and shall be KRW 30,000,000 (VT separate) in full, within 30 days from the date of initial shooting of the advertising product.
Provided, That 50% of the model fees shall be paid where advertising is not possible due to the reasons of Gap.
2. A shall determine the additional model cost and the duration of the advertisement funded by C after the relocation period in consultation with the parties.