On June 13, the Folks’s Court docket of Binh Thanh District, Ho Chi Minh Metropolis, sentenced the case of a dispute over a model promotion contract between Golden Lotus Business Promoting Joint Inventory Firm (Golden Lotus Firm) and Nam An Aesthetic Hospital Companies Joint Inventory Firm (Nam An Hospital).
| Ms. Pham Kim Dung – head of Golden Lotus Firm. Photograph: FBNV. |
After three hearings on April 25, June 6 and June 13, together with arguments by legal professionals defending the authentic rights and pursuits of the plaintiff and defendant, the Trial Panel pronounced the decision in full dismissal. Nam An Beauty Hospital’s lawsuit request after the trial on June 13 as a result of there isn’t any foundation, no foundation, and can’t present authorized paperwork and proof to show the lawsuit request.
“Pursuant to the provisions of the Civil Code, Civil Process Code and Labor Code, Employment Regulation, Business Regulation, Promoting Regulation, Notary Regulation, Civil Judgment Enforcement Regulation, and different resolutions related tips, don’t settle for the plaintiff’s request to sue for termination of contract 149 and appendix, courtroom charges of greater than 116 million VND paid by the plaintiff”, the chairperson learn the outcomes of the primary occasion judgment. .
Within the opinion of the Trial Panel, Contract 149 between Golden Lotus Firm and Nam An Hospital was signed in accordance with the provisions of legislation. The character of the contract is that Golden Lotus Firm promotes the model for Nam An Hospital because the host of Miss Grand Vietnam 2023.
After evaluating 143 work gadgets laid out in Appendix I of the contract, the Trial Panel discovered that the defendant signed the contract to advertise the model for Nam An Hospital, not an envoy contract. trademark. Particularly, model ambassador advantages are solely part of the model promotion contract. Due to this fact, there isn’t any foundation for Nam An Hospital to imagine that model ambassador is the principle goal of the model promotion contract.
As well as, the Trial Council acknowledged that the worth of name recognition and picture within the contract shouldn’t be a particular job and can’t be quantified. Due to this fact, Nam An Hospital’s request for compensation of VND 8.64 billion is unfounded.
On the identical time, the Trial Council discovered that magnificence queens aren’t a occupation, and the organizing committee doesn’t handle in a superior-subordinate or submissive method. Golden Lotus Firm solely has the best to handle the title of Miss Grand Vietnam 2023. After Le Hoang Phuong is topped, Golden Lotus Firm ensures that the topped magnificence queen would be the model ambassador of Nam An Hospital. Due to this fact, whether or not the model ambassador is unique or not is an settlement between the plaintiff and Le Hoang Phuong.
The jury additionally discovered {that a} model ambassador contract was signed between Nam An Beauty Hospital and Le Hoang Phuong. Due to this fact, this can’t be referred to as an “prolonged arm” with contract 149.
Though the plaintiff stated that the contract didn’t have an settlement on value, the Trial Panel discovered that the contract signed on September 6 had quite a lot of contents, together with an settlement for Nam An Hospital to make use of photographs. by Le Hoang Phuong. Each side have the need to advertise photographs that profit either side and improve their names and types.
The jury additionally reiterated the testimony of Nam An Hospital. The plaintiff believes that the Golden Lotus Firm didn’t hinder Nam An Hospital within the strategy of signing and negotiating a model contract with Le Hoang Phuong. Due to this fact, the Trial Panel discovered that there was no foundation to imagine that the defendant didn’t fulfill the obligations acknowledged in contract 149.
As well as, the contract phrases clearly state that the best to terminate the contract is barely in writing if both occasion severely violates the phrases of the contract and doesn’t resolve it inside 15 days. Due to this fact, the defendant shouldn’t be at fault in case the plaintiff voluntarily terminates and sues.
Concerning the request to refund 80% of the contract, equal to eight.64 billion VND (together with tax), the jury in contrast the Business Regulation, saying that it’s primarily not possible to divide the worth of every profit. The jury additionally in contrast proof that Nam An Hospital repeatedly expressed satisfaction with Golden Lotus Firm’s correct efficiency of the contract. This is likely one of the standards for the Trial Panel to make a verdict.
Earlier than the trial started, the plaintiff repeatedly requested to cease the trial, demanding that Mr. Chiem Quoc Thai present proof. Nevertheless, the Trial Panel rejected this request.
The jury stated that the proof about Mr. Chiem Quoc Thai and Ms. Le Hoang Phuong didn’t have an effect on the model promotion contract (Contract 149) between Golden Lotus and Nam An. The trial panel additionally clarified that the courtroom correctly fulfilled its obligation to summon and subject an order to serve Mr. Chiem Quoc Thai to courtroom. Nevertheless, Mr. Thai has the best to not seem.
After Golden Lotus Firm gained the lawsuitLe Hoang Phuong posted the facet picture Ms. Pham Kim Dung – head of Golden Lotus Firm and director Hoang Nhat Nam.
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| Le Hoang Phuong was blissful when his administration firm gained the lawsuit. Photograph: FBNV. |
The queen wrote: “Grateful to you and the employees of Sen Vang Firm for all the time standing facet by facet with Phuong. Thanks, pricey followers and audiences, for all the time supporting and defending Phuong. Phuong tremendously appreciates the love that everybody has for Phuong.”
Watch video: “Le Hoang Phuong is topped Miss Grand Vietnam 2023”. Supply Vietnamnet