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(영문) 서울중앙지방법원 2017.04.26 2015가합500915
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. All costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On April 6, 2012, the Plaintiff entered into a contract with the EE Company B, under which the Plaintiff would act as a “state” model for 12,00,000 won model fees for 12 months.

B. On November 4, 2013, after the termination of the above contract, the Plaintiff worked as a model for 17,000,000 won for 12 months, and entered into a contract with the Seoul (Seoul) cable Telecommunication, brode, and leaflet.

(hereinafter “instant advertising contract”). C.

The advertising contract period of this case was from November 4, 2013 to November 3, 2014, and the advertising materials, the Plaintiff’s model of the advertising contract of this case, were posted to “F member stores.”

Defendant B and C established Defendant D Co., Ltd. on June 19, 2014 and operated the net franchise business.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, Eul evidence 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion (1) Defendant B is not a party to the instant advertising contract, and even if the party is a party, the scope of Defendant B’s use of the Plaintiff’s portrait, etc. under the instant advertising contract is limited to “the cable costs, brode, and leaflet.”

The Plaintiff suffered respectively damages of KRW 19,50,00 for the part on which the Defendants used the Plaintiff’s portrait, etc. during the advertising contract period from February 1, 2014 to November 3, 2014, and KRW 14,30,00 for the part on which the Defendants used the Plaintiff’s portrait, etc. during the advertising contract period from November 4, 2014 to March 3, 2015, respectively.

On the other hand, the Defendants undermined the Plaintiff’s honor by spreading arbitrary arguments to the media that “Defendant B entered into the instant advertising contract with the Plaintiff as a monopoly.”

(2) Therefore, the Defendants’ damages equivalent to the above property damages to each Plaintiff and the Plaintiff’s mental health.

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