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(영문) 서울중앙지방법원 2015.11.19 2015나10300
제작지원금반환 등
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates a mutual medical institution called “C Hospital” in Yeongdeungpo-gu Seoul Metropolitan Government, and the Defendant is a company that runs the advertising agency business, the drama marketing business, etc.

B. On January 9, 2012, the Defendant presented to the Plaintiff a proposal for production support of D (D; hereinafter referred to as “instant proposal”) 20 parts of D (D; hereinafter referred to as D) manufactured by E (hereinafter referred to as “D”) to the Plaintiff, indicating the proposal for production support (hereinafter referred to as “instant proposal”).

The proposal contains the following contents: G’s occupation, which is the main exhauster of the drama, is set up as H; C Hospital is used as a drama shooting; and the route of C Hospital is exposed to the form of caption at the end of the drama, thereby promoting the brand and expertise of C Hospital.

C. Accordingly, on January 16, 2012, the Plaintiff entered into a production support agency contract with the Defendant (hereinafter “instant contract”). The main contents are as follows.

Article 2 (Advertisements for Production Support)

1. The Plaintiff’s advertisement shall be conducted within the scope of complying with the Review Regulations of the Korea Communications Standards Commission.

3. The defendant shall make the plaintiff's business operator and enter into an advertising support contract with the producer where the defendant is different from the plaintiff's business operator's name.

Article 3 (Subject Matter of Advertisement)

1. Definition of advertisements: exposure to the plaintiff in the form of support for production through the drama of the 2012 Drama Air wave broadcasting;

2. The program shall be selected by agreement between the plaintiff and the defendant, and shall be selected with priority for the following program:

(1) Program name: D Special Planning D. D. F. (2): Broadcasting hours: M-N. (3): T.Y. (9.50 to 11.00: (5) Production support company (5) production support company: C. (6) production support company: Defendant (7): 150,000,000 won (excluding value-added tax)

1. The defendant shall maintain the plaintiff's CI company's image in the program.

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