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(영문) 서울중앙지방법원 2014.05.23 2013가합32272
모델료
Text

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

2. The plaintiff (Counterclaim defendant) shall be 340,000.

Reasons

1. Basic facts

A. On August 3, 2012, the Plaintiff entered into a model agreement with the Defendant with the following content:

(A) No. 1, hereinafter referred to as the “instant contract”). The Plaintiff, a model belonging to the Defendant, the non- Ethical Entertainment Co., Ltd. (hereinafter referred to as the “affiliated company”), and the Busan Poolcom Co., Ltd., Ltd., a model exhibition on the model (hereinafter referred to as “non-party company”) enter into an advertising model contribution contract as follows:

The plaintiff contributes to the defendant's advertising model as to "gold forced PR and gold forced gift certificates and goods (or Gu/Sim), professional fund (or date, etc.)".

The plaintiff is obligated to contribute money to three times printed materials, radio CM two times, and twice the event.

The commencement date of the contract period shall be the date of conclusion of the contract, and the expiration date of the contract period shall be six months from the date of initial publication of the advertising products contributed by the plaintiff.

Model fees shall be KRW 170 million (excluding value-added tax).

Model fees shall be paid in cash to the defendant through the non-party company within 15 days from the date of conclusion of the contract.

(Article 5(2). The plaintiff does not raise any civil or criminal objection to the defendant at the time of a dispute or legal dispute between the plaintiff and his/her affiliated company with respect to the model fees that the defendant paid to the plaintiff through the non-party company, and must be resolved with the affiliated company.

When a contract is terminated or terminated during the contract period due to a cause attributable to the plaintiff, the plaintiff shall compensate the defendant for all damages incurred to the defendant, and the amount equivalent to twice the model fees shall be paid in cash to the defendant within 30 days from the date of cancellation or termination as penalty.

(Article VII, Section 3). (b)

On August 23, 2012, the Plaintiff, on August 23, 2012, recorded the first printed advertisement and radioM recording, and on November 12, 2012, recorded the second printed advertisement.

C. On August 30, 2012, the Defendant paid a model fee of KRW 187 million, including value-added tax, to the account of a non-party company.

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