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(영문) 수원지방법원성남지원 2014.05.28 2013가합201338

보증금

Text

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 providing the instant E-game service, “D (hereinafter “instant E-Game”),” in operating the online game portal site, and the Plaintiff is a company that developed the instant E-Game and transferred its comprehensive sales right to the Plaintiff and agreed to receive a share of the ratio of the sales amount of the said games. The Defendant is a company that was actually established by I to acquire the right of publicity of the former and present H players from G (hereinafter “G”), as follows.

B. The Plaintiff acquired the right of publicity of the former and current H players and used the real name, portrait, etc. of H players in the instant E-game, as long as the time limit for use was extended from K (which was delegated from August 7, 2006 to December 31, 2010 from the date of December 31, 2010 to December 31, 209 (hereinafter “K”).

C. From the end of September 2009, L Co., Ltd. (hereinafter “L”) signed the exclusive use contract with K on May 2009, and L Co., Ltd. (hereinafter “L”) notified K of the termination of the delegation contract of the right of publicity on November 2009 and came to a situation in which the Plaintiff or F would no longer use the portrait, real name, etc. of H players, etc., the F’s representative director acquired the right to use H’s portraits in mind at the instant E Games around September 2009. Furthermore, L Co., Ltd. (hereinafter “L”) offered money and valuables to G N to acquire the exclusive use right of the right of publicity or exclusive exclusive use (e.g., the right of publicity) and offered money and valuables to N from October 2009 to October 201.

As above, M and I were punished by imprisonment with prison labor for each crime of giving property in breach of trust, and N were punished by giving property in breach of trust.