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(영문) 서울중앙지방법원 2020.10.21 2019가합574013
원상회복청구등
Text

1. The Plaintiff (Counterclaim Defendant)’s obligation under the contract concluded on June 1, 2018 against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiffs are corporations or natural persons who entered into a contract with the defendant for the production and official sale of video works for the production and transmission of home shopping advertisements for each sale and produced product, and the defendant is a corporation that operates the "M" to send home shopping broadcasts.

B. (1) The Plaintiffs, including the production of video works and the conclusion of an official sales agency contract (i) between February 2018 and July 7, 2018, respectively, entered into a contract with the Defendant for the production of video works and the official sales agency (hereinafter “each of the instant contracts”) (the date of conclusion of a specific contract by each Plaintiff refers to “the date of conclusion of the contract” in attached Table 1), and the main contents are as follows

The contents of each contract entered into between the plaintiffs and the defendant are common, but there are parts individually different from each other, such as the contract term, service management cost, etc. In the following boxes, the text of the contract between the plaintiffs A and the defendant should be examined separately.

A: Plaintiff A and B: The purpose is to promote mutual interests and to promote partnership by clearly prescribing the rights and obligations of Party A and Party B under Article 1 of the Agreement on Production of Defendant Video Works and Official Sales Agency.

The mutual agreement provides that only the terms described in this Agreement shall have rights and obligations and that oral commitments or separate agreements are not legally liable.

Article 2 Matters concerning the planning, production, and supply of video works and management video works

1. A shall plan, produce and supply video works to be utilized in the marketing of B;

2. A shall plan, produce and supply video works in compliance with the provisions of the Broadcasting Deliberation or Advertising Deliberation Regulations for products consulted with B.

3. The license for video works produced and supplied by Party A shall be for Party A, and the license for Party B shall be for the service period of Article VII.

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