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(영문) 수원지방법원안양지원 2019.04.05 2018가단107310
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 121,016,666 and the interest rate of KRW 15% per annum from March 6, 2019 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On April 10, 2017, the Plaintiff entered into a contract with the Defendant for the use of the portrait (hereinafter “instant use contract”) with the following content regarding the right of portrait C of the model C to which the Plaintiff belongs:

0. The scope of the contract: The plaintiff offers portrait rights as a model of the defendant's planning, production D and E's propagation and printing advertisement, radio, and other media, and the defendant is responsible for management in using the plaintiff's portrait rights.

0. Term of contract: From April 1, 2017 to September 30, 2017: Provided, That with respect to the Plaintiff’s portrait right used from March 1, 2017 to March 31, 2017, the Defendant shall pay KRW 5,00,000 (Additional Tax Classification) to the Plaintiff’s portrait right.

0. Fees for portraits: 60,000,000 won (excluding surtax);

0. Extension user fee: 70 percent of basic contribution fees ¡¿ (number of days during the extended period of use / 180).

0. A contractual relationship: An advertiser whose name is changed but the brand "F" is to be used as it is;

B. Around June 2017, the Plaintiff entered into a modified contract with the Defendant on December 31, 2017, which provides that the term of the instant use contract shall be until December 31, 2017 (Provided, That the term of the instant use contract shall be 10 days grace period for the replacement of advertising materials), and the portrait royalty shall be 70,000,000 (Additional Tax Table) (hereinafter “instant modified contract”).

C. On April 14, 2017, the Defendant paid to the Plaintiff KRW 75,00,000,000, and KRW 30,000,000 on June 13, 2017, and KRW 10,000 on July 10, 2017, and KRW 5,000,000 on August 18, 2017, and KRW 75,00,000 on September 10, 2017.

On the other hand, even until March 3, 2019, agencies managed by the defendant or defendant use the above C's portrait rights in advertising D, E, etc. produced by F Co., Ltd. and distributed by the defendant.

[Grounds for recognition] The entry of Gap evidence Nos. 1 and 12, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant’s KRW 113,516,66 (basic contribution fee of KRW 70,000 x 70%) from January 11, 2018 to March 3, 2019 (basic contribution fee of KRW 70,500,000 x 70%).

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