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(영문) 서울서부지방법원 2019.10.29 2018가단14918
손해배상(기)
Text

1. The Defendant’s KRW 25,00,000 as well as annual 6% from August 4, 2018 to October 29, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a store such as “C” and conducts food service business, and the Defendant is a member of a famous group D as “E”, and is an artist who has contributed to the arts program and has engaged in broadcasting activities.

B. On September 2016, the Plaintiff concluded an advertising model agreement with the Defendant and Nonparty F Co., Ltd. (hereinafter “Nonindicted Company”) that was a planning company of the Defendant, and concluded an extension contract on April 24, 2018.

C. After the conclusion of the above extension contract, the agreement between the defendant and the non-party company is terminated, and the plaintiff drafted an annexed agreement with the defendant on July 13, 2018, which accepts both the rights and obligations of the non-party company under the previous extension contract.

The provisions relating to this case in the existing advertising model extension contract and the terms of the contract under the attached agreement (hereinafter referred to as the "instant model") are as follows:

Article 2(2) Term of contract: The term of contract for extension of a model shall be six months from April 3, 2018 to October 2, 2018. The term of contract for extension of a model shall be six months. The advertising model fee under this extension contract under Article 4(1) shall be the total amount of 1,000,000/vat (65,000/vat).

Article 5 (Observance of Obligations) (1) The Defendant shall not engage in any conduct that reduces the effect of advertising of products by violating Acts and subordinate statutes or causing social water (including narcotics and drugs, etc.) during the contract period. 2) The Defendant shall not impair the reputation of the Plaintiff’s advertising product or impair the corporate image during the contract period.

Article 6 (Termination of Contracts) The plaintiff may terminate all or part of the contract as written notification in any of the following cases:

1) In a case where the defendant and the non-party company violated the obligations under Article 5 (2) and the defendant violated the obligations under this contract (3) or in a case where the defendant deemed it difficult for the defendant to achieve the purpose of this contract due to force majeure, Article 7 (Indemnification 1) 5.

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