AOKANG'S Claim For CCTV Broadcast

Due to the frequent delays in CCTV broadcast by MTV, Wenzhou AOKANG group Footwear Sales Co., Ltd. (hereinafter referred to as AOKANG footwear industry), a petition filed a court petition for the Beijing sun sun Advertising Co., Ltd. (hereinafter referred to as the "sun fire") to lift the previous contract and claim damages for breach of contract 3 million 147 thousand and 600 yuan. "AOKANG"

Yesterday, the Yongjia County People's court accepted the case.

Last May 30th, the AOKANG shoe industry signed a contract with the sun torch, commissioned the advertising agency to publish the MTV of the AOKANG corporate image "the wind and rain" in the CCTV variety channel "the famous enterprise music TV show". The release date is from January 1, 2008 to December 31, 2008, and the broadcast time is set at 23:30 to 23:35 every day.

The two sides also agreed that the price of a single issue was 86 thousand yuan, a total of 31 million 476 thousand yuan for the whole year.

The AOKANG shoe industry will pay for the sun's flame on a quarterly basis, and the penalty will be calculated at 10% of the total contract.

In addition, the two sides shared the monitoring results of the CCTV Media Research Co., Ltd. or AC Nelson.

AOKANG shoe industry claims that during the performance of the contract, they have repeatedly found that MTV has been slow to show up at the agreed time of broadcast.

From January 1st to March 10th, after the 41 images were broadcasted to zero the next day, the 12 arrangement was launched at 23:35, and only 4 times were broadcast according to the agreed time.

"AOKANG shoes" claim 3 million 140 thousand found that the images were broadcast, and the AOKANG shoe industry sent a letter to the sun torch, asking them to put in at the agreed time, and hoped that the other side would provide evidence to explain the reasons for the repeated broadcast.

AOKANG shoe industry introduced, letter to the other side, the situation is still occurring.

They learned from AC Nelson, who was responsible for monitoring, that many other advertisements were broadcast on CCTV variety channel at the time agreed between the two sides, and there was no justification for the continuation of the "rain and wind".

Due to too many delays, AOKANG shoes believes that the sun has broken its contract and requires that it assume corresponding legal responsibilities.

In March 20th of this year, the AOKANG shoe industry issued the notice of dissolution of the contract to the other party and filed a lawsuit with the people's Court of Yongjia County, asking the other party to pay a penalty of 3 million 147 thousand and 600 yuan for the contract.

The advertisement company has put forward objection to the jurisdiction objection. At present, the sun torch has not yet formally provided a reply to the Yongjia court, and the case is still under further trial.

Yesterday, a legal profession told reporters that he heard that there was something else in the case.

The sun's flame believes that the AOKANG shoe industry did not pay the advertising fee in time according to the contract.

In the AOKANG shoe industry, there is a dispute over advertising fees, which is also caused by the broadcast problem.

In the event of breach of contract, the two sides need to give evidence separately.

Yesterday afternoon, the reporter contacted several managers of AOKANG group. They were reluctant to express their views on the matter.

In addition, after the Yongjia court accepted the case, the sun's fire had raised the objection of jurisdiction, and the case should be accepted by the local court of Beijing.

The court of Yongjia held that, according to the contract signed by the defendant and the defendant, disputes arise from the jurisdiction of the litigant, so the objection to the jurisdiction raised by the sun's fire is dismissed.

Chen Yilai, a lawyer of Zhejiang Zhejiang Southern law firm, explained that objection to jurisdiction was rejected and could be reconsidered to a higher level people's court.

The case of AOKANG shoes and the sun torch is a clear contract dispute. Ultimately, it depends on how the parties agree in advance to decide who will default first.

Reporters searched the Internet and found that there were few cases of disputes due to delayed advertising.

But some entrepreneurs say they often encounter similar problems when putting on TV commercials.

The final outcome of the case is worth looking forward to.