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(영문) 춘천지방법원 2017.01.20 2016나50423
손해배상(기)
Text

1. The part against the plaintiff concerning the money that orders payment under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a company mainly engaged in the production of broadcast program and the entertainment business, and C is exclusively engaged in the Plaintiff.

The defendant is a company that mainly engages in the housing construction business, and is an executor of the I apartment construction newly built in the KH in the Han-si Construction Co., Ltd.

B. The main contents of the advertising model agreement signed by the Plaintiff and the Defendant on June 26, 2014 are as follows.

The defendant and the plaintiff exclusive right C contract refers to the plaintiff (A) exclusive right C and the representative E of the plaintiff (A) as "B". The part described as "B" in the contract shall be changed to the plaintiff or C, as the context requires.

shall enter into a contract for the right to use the portraits as follows:

Article 1 (Purpose) The purpose of this Agreement is to clarify the rights and obligations between the defendant and the plaintiff when the plaintiff promises the plaintiff to provide the portrait rights to the defendant's advertiser (hereinafter "adverter") as an advertising model, and the defendant promises to pay the plaintiff the model fees for contributions made by C.

Article 2 (Scope of Advertisement Model) C shall contribute to the advertiser's advertising model during the term of contract prescribed in Article 3 (1).

The term "contribution to an advertising model" means contributing to a printed medium for the goods and brand of an advertiser (including apartment information, space, etc.), new media (Internet), advertising media (Internet), and advertising media and advertising publicity materials required by an advertiser.

Article 3 (Period of Contract) The term of contract of an advertisement shall be from June 26, 2014 to December 26, 2014 as of the date of the first posting of the advertisement (six months only), taking into account the location of the advertisement, the timing of replacement, etc., (ii) the Defendant’s advertiser may use free of charge a video work C’s contribution from the date of expiry of the contract to 30 days only after the expiration of the contract.

Provided, That if the number of months exceeds one month, it shall be used by the defendant and the plaintiff under agreement, and in such cases, it shall be based on the model fees under this contract for the excess days.

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