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(영문) 서울중앙지방법원 2014.11.26 2013가단5029182
손해배상(기)
Text

1. Defendant Ireland Co., Ltd.:

A. The Plaintiff, Inc., Ltd., 25,844,382 Won 25,82.

Reasons

1. Basic facts

A. (1) The Plaintiff Company, Blue Entertainment Inc. (hereinafter “Plaintiff Company”) is a company mainly engaged in the management of an artist. The Plaintiff Company, A (for example C), is an artist belonging to the Plaintiff Company.

(2) The Defendant Ireland Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is an entity that manufactures and sells clothing, etc., which is operated as a brand as “Bags” (hereinafter “Defendant Co., Ltd.”), and Defendant B is an entity that operates a public relations agency (a company that receives supporting goods from various companies, provides them to entertainers, and receives certain fees from companies in return) under the trade name of “Bags” (the Defendant Co., Ltd.).

B. On May 27, 2011, the Plaintiffs and E Co., Ltd. (hereinafter “E”) entered into an advertising model contribution agreement (hereinafter “instant model agreement”) with the terms and conditions that Plaintiff A would serve as an advertising model of E brand by setting the model fee of KRW 60 million until July 31, 2012, and that Plaintiff A would serve as an advertising model of E brand. The main contents of the said agreement are as follows.

Article 2 (Scope of Advertisement Models) The scope of Plaintiff A’s model activities under this Agreement shall be as follows:

1) Purpose of use: The range of advertising and production of E company image and production, advertisement of sold goods, promotion 2) use: The radio-wave (TV, magazine, music, private person, motion picture, etc.) use media of Plaintiff A: (TV, magazine, etc.), printing media (PP, etc.), outdoor media (PP, etc.), new media (Internet, cable broadcasting, DMB, home shopping, mobile, etc.), and advertising media (cyber, leaflet, etc.): The advertising area of Korea (Internet is based on server location), Article 3 (Contract Period and Advertisement Period) of this Agreement, and the period of use of advertising materials shall be from the date of signing and sealing on the contract to the date of July 31, 2012, the advertisement period shall be from August 1, 2011 to the date of printing and reporting on the advertisement, etc.

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