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(영문) 서울중앙지방법원 2017.02.09 2016가합545403
손해배상(기)
Text

1. The Defendants are jointly and severally liable to the Plaintiffs for KRW 297,00,000 and Defendant B from February 27, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff A is the postponed belonging to the Plaintiff, Inc., the entertainment planning company (hereinafter “Plaintiff C”) and the Defendant B (hereinafter “Defendant B”) is a company with the purpose of wholesale and retail business, such as agricultural products, and electronic commerce, and the Defendant C (hereinafter “Defendant C”) is the advertising agency of Defendant B.

B. On February 3, 2016, the Plaintiffs entered into an advertising model (hereinafter “instant advertising contract”) with the Defendants, which the Plaintiff agreed to contribute to Defendant B’s game, or as the model of advertisement and publicity, “D,” an electronic commerce brand (hereinafter “instant advertising contract”).

C. According to the instant advertising contract, the Plaintiff A is obligated to contribute twice the TV-CM shooting and twice the printing photography (Article 4(1)); Defendant B is obligated to pay KRW 270,000,00 (in addition to value-added tax; hereinafter “instant model fee”) to the Plaintiff C through the Defendant C within one month from the date of the initial filming (Article 5(1) and (2) of the instant model fee if the Defendants fail to pay or delay the implementation of the instant model fee within the due date, the Plaintiffs may terminate the instant advertising contract; and in such case, the Defendants are jointly and severally liable to compensate the Plaintiffs for the amount equivalent to the said model fee.

(Article VII, Section 4). (d)

Plaintiff

A completed the film shooting of Defendant B on January 26, 2016, and completed the video recording on February 1, 2016, and the video advertising was used from February 8, 2016.

However, on February 26, 2016, which is the time limit for the payment of model fees under the instant advertising contract, Defendant B did not pay the instant model fees to Plaintiff CCS, and the Plaintiffs filed the instant lawsuit and expressed their intent to terminate the instant advertising contract to the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the above facts of recognition are examined.

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