1.(a)

The defendant shall use the plaintiff's portrait or name, or produce advertisements using the plaintiff's portrait or name and advertise them.

Basic Facts

The plaintiff is a kind of ship contributed to drama, film, etc. under the UN Entertainment (hereinafter referred to as the "class member belonging to the Republic of Korea").

The defendant is a company established for the purpose of funeral service business, etc.

On February 26, 2008, the plaintiff, the non-party member company, and the defendant concluded the advertising model contract (hereinafter "the advertising model of this case") and the relevant parts are as follows.

Article 2 (Scope of Advertisement Model) The plaintiff contributes to the defendant's advertising model during the contract period.

advertising model means contributing to radio-waves (TV, RADIO, etc.), printing media ( newspapers, magazines, leaflets, etc.), outdoor media (PP, etc.), new media (Internet, cable broadcasting, DMB, mobile, etc.), new media (Internet, cable broadcasting, DMB, mobile, etc.), advertisement and publicity required by the Defendant, etc.

Article 3 (Reversion of Copyright) All rights to the advertisements, such as the copyright of the advertisements completed by the Plaintiff’s contribution, shall belong to the Defendant, and the Defendant shall have the right to use or edit it in the secondary copyrighted works (such as electric screen advertisements, posters, leaflets, carlass, etc.) and compilation works (advertising works) by using the advertisements contributed by the Plaintiff.

Article 4 (Period of Contract) The beginning date of the contract period shall be the date of contract, and the expiration date of the contract period shall be 12 months from the date of the first broadcast of TV advertisements contributed by the plaintiff. 3) The defendant may use the advertisements contributed by the plaintiff free of charge from the expiration date to one month from the expiration date of the contract period, taking into account the time of replacing the materials of advertisements.

Provided, That if the number of months exceeds one month, it shall be used under the agreement between the defendant and the non-party member, and in such cases, the defendant shall pay to the non-party member the amount calculated on the basis of the model fee under this contract for the excess days.

Article 5 (Design Fees, etc.) 1 The defendant shall be 50,000,000 won in return for the plaintiff's model contribution to the non-party affiliated companies.