Miss Grand Vietnam won the lawsuit against the sponsor, is Le Hoang Phuong still "at fault"?

Recently, the People's Court of Binh Thanh District, Ho Chi Minh City, sentenced the first instance trial of a lawsuit over a brand promotion contract dispute between the organizers of Miss Grand Vietnam 2023 and a cosmetic hospital.

After three hearings on April 25, June 6 and June 13, along with arguments by lawyers protecting the legitimate rights and interests of the plaintiff and defendant, the Trial Panel pronounced the verdict in full dismissal. A set of lawsuit requests from the cosmetic hospital after the trial on June 13 because it could not provide legal documents and evidence to prove the lawsuit request.

"Pursuant to the provisions of the Civil Code, Civil Procedure Code and Labor Code, Employment Law, Commercial Law, Advertising Law, Notary Law, Civil Judgment Enforcement Law, and other resolutions related instructions, do not accept the plaintiff's request to sue for termination of contract 149 and appendix, court fees of more than 116 million VND paid by the plaintiff", the chairman read the results of the first instance judgment. .

After comparing 143 work items specified in Appendix I of the contract, the Trial Panel found that the defendant signed the contract to promote the brand of the cosmetic hospital, not an ambassador contract. trademark.

In particular, brand ambassador benefits are only a part of the brand promotion contract. Therefore, there is no basis for the cosmetic hospital to believe that brand ambassador is the main purpose of the brand promotion contract.

In addition, the Trial Council stated that the value of brand recognition and image in the contract is not a specific job and cannot be quantified. Therefore, the cosmetic hospital's request for compensation of VND 8.64 billion is unfounded.

Regarding the request to refund 80% of the contract, equivalent to 8.64 billion VND (including tax), the jury compared the Commercial Law, saying that it is essentially impossible to divide the value of each benefit. The jury simultaneously compared evidence that the cosmetic hospital repeatedly expressed satisfaction with the Miss Grand Vietnam 2023 organizing committee's proper implementation of the contract. This is one of the criteria for the Trial Panel to make a verdict.

Regarding the three-party legal relationship between Sen Vang Company, Le Hoang Phuong, and Nam An Cosmetic Hospital, the jury stated that Ms. Le Hoang Phuong must execute three contracts at the same time, including a single contract with Sen Vang and a dual contract with Sen Vang. Golden Lotus and Nam An and ambassadorial contract with Nam An.

Ms. Le Hoang Phuong's comments on Mr. Chiem Quoc Thai's Facebook, according to the court, both Ms. Le Hoang Phuong and Mr. Chiem Quoc Thai are people who have influence on the online community.

"Considering Mr. Chiem Quoc Thai's article used Ms. Phuong's name, image and measurements, the process of becoming a beauty queen for many people is associated with cosmetic surgery factors. On the Cosmetic Hospital's Facebook page My Viet My records that Mr. Thai is the hospital director, there is a basis for Mr. Thai to advertise for his business," the jury analyzed.

At the trial, the parties admitted that Ms. Le Hoang Phuong did not inform the plaintiff and defendant about the relationship and agreement to use Ms. Le Hoang Phuong's image with Mr. Chiem Quoc Thai.

According to the court, regardless of the reason, this behavior shows that Ms. Le Hoang Phuong was dishonest when providing personal information to become a brand ambassador for the plaintiff. This honesty was decisive for the plaintiff in entering into a brand ambassador contract.

In recent days, the lawsuit scandal has not affected Le Hoang Phuong's work schedule. Miss Grand Vietnam 2023 regularly appears at events, coming to support shows of close designers. Occasionally, she takes time to relax with friends. In the near future, the beauty queen will perform at the Vietnam Beauty Fashion Fest show under the framework of National Miss Vietnam 2024.

"My feelings right now are joy and enjoyment. I support all the designers in the show. Having accompanied the event through many seasons, I hope that fashion week will have many more decades of development." development to contribute to promoting Vietnam's fashion industry," Le Hoang Phuong said.

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