1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim filed by this court.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 26, 2018, the Plaintiff entered into an advertising model (hereinafter “instant contract”) with the Defendant, who runs the business of selling cosmetics, on the advertisements of C and D, etc. (hereinafter “instant cosmetics”), which are cosmetics sold by the Defendant, to the effect that the Plaintiff would contribute to the model, and the relevant parts of the instant contract are as follows.

Article 1 of the Advertising Model Agreement, the purpose of this Agreement is to stipulate clearly the rights and obligations of the defendant, the plaintiff in contributing the defendant's advertisement to the model.

Article 2. Scope of Contracts

1. The Plaintiff’s contribution provides the Defendant’s C and D with the portrait and copyright during the contract period in Korea and abroad.

2. At the request of the Defendant, the Plaintiff is obligated to contribute to the dissemination (TV-CM, CATV-CM, Radio-CM), printing (News/magazines) advertising, special (door/polars), POP materials, promotional video materials, and materials produced or planned by the Defendant. At the request of the Defendant, the Plaintiff shall comply with the re-recording or re-recording necessary for the completion of the production in consultation with each other.

Article 4 (Conditions for Payment of Contribution Fees)

1. The Plaintiff’s contribution fee shall be twenty-five million won during the term of the contract.

2. The amount of the contribution under paragraph 1 shall be paid by the Defendant by dividing it by 50% on two occasions to the Plaintiff, and the amount of the contribution shall be paid in full within three days before the date of the first payment, and thirty days after the date of the second payment, within thirty days after the recording.

Article 10 (Special Provisions) In addition to the General Provisions above, the following matters shall be prescribed as the special agreement, and if there is any conflict between the general matters and the special agreement, the special agreement shall be applied preferentially:

1. It shall include further additional items, forests, and mascacts;

2. The term of the contract shall be the same as that of the maintenance of Vietnam’s sales rights.

B. On May 31, 2018, the Plaintiff taken photographs to be used for the advertisement of the instant cosmetic in E (hereinafter “the first photograph”).