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(영문) 서울동부지방법원 2016.04.27 2013가합18880

손해배상(기)

Text

1. The Defendant’s KRW 312,985,242 as well as the Plaintiff’s annual rate from January 10, 2014 to April 27, 2016.

Reasons

Basic Facts

The Plaintiff, the Defendant, and the Defendant’s assistant Intervenor’s relationship with the Plaintiff is a corporation organized on January 27, 2010 for the purpose of the business, such as the operation of the retirement player conference, the vicarious operation and management of profit-making business, and the holding of various clubs, and comprised of former professional camping players including 190 players listed in the separate sheet (hereinafter “instant players”). The Defendant is a company established on April 26, 2007 for the purpose of the development of game software and distribution and sales business.

On August 12, 2005, the Defendant’s Intervenor (hereinafter “ Intervenor”) entered into a comprehensive marketing agreement with the Defendant and the Intervenor on August 12, 2005, stating that “The Intervenor shall develop and deliver the game to the Defendant, and the Defendant shall have exclusive rights to the sale, reproduction, transmission, distribution, etc. of the game and operate and distribute it.”

According to the above contract, the defendant vicariously executes the contract necessary for the third party's portrait right, publicity right, image, logo, real name, etc. to use the third party's portrait right, publicity right, image, logo, real name, etc., and the intervenor decided to settle the expenses for the contract internally with the defendant.

The intervenor, around 2006, delivered the game of this case to the defendant after producing and completing the program and data of this case. The defendant provided the game of this case to the general public around 2007 after installing the above program and data on the server of his company.

The Defendant, from around 2007 to 2012, operated the Internet camping games with the name, portrait, and other personal information of the instant players (hereinafter “instant game”).

In the game of this case, 2,50 former and incumbent camping players of the 2,500 shall have the ability to reflect the personal records of the game of this case (other rates, strings, strings, the home strings, the home strings, scores, scores, fruits, and complexes) of the game of this case, and shall appear on the players card.

On the other hand, some of the years have passed since 2007.