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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
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 industry.
B. As of June 26, 2014, the following advertising model agreements were made between the Plaintiff and the Defendant:
(hereinafter) The above advertising model contract is called as “the instant contract” and the content of the advertising model contract is called “the instant contract.” The content of the contract is cited only to the necessary parts in the instant case and recorded). The Defendant, the Plaintiff, and the exclusive jury C enter into a contract for the right to use the portrait right as follows.
Article 1 (Purpose) This Agreement promises the Plaintiff to provide the first right as the Defendant’s advertiser’s advertising model, and the Defendant intends to clarify the rights and obligations between the Defendant and the Plaintiff when paying the Plaintiff the model fee for the contribution.
Article 2 (Scope of Advertisement Models) The plaintiff shall contribute to the advertiser's advertising model during the contract period 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(1) Contract Terms are the period of use from June 26, 2014 to December 26, 2014 (six months only) from June 26, 2014 on the first date of the advertisement. Article 4(C) The remuneration for the contribution to the model C is KRW 40 million (40,000,000).
In principle, the above model fees shall be paid by the defendant from the advertiser or advertising agency within one month from the contract date.
Article 5 (At least One-Time Contribution) The defendant shall consult at least three weeks before an event to be contributed by C and notify the date, time, and place through consultation, and the separate cost shall be 5,000,000.