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(영문) 서울중앙지방법원 2018.01.09 2017가합519920

약정금

Text

1. As to KRW 38,451,801 and KRW 29,165,754 among them, the Defendant shall pay to the Plaintiff the year from March 14, 2017 to March 31, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of developing and supplying online and mobile game software. The Defendant is a company with the objective of developing, distributing and selling software, and the intervenor is a bank.

B. B. Blusishing contracts between the Plaintiff, the Defendant, and the Defendant, and payment of development advance payment to the Defendant’s Plaintiff 1) are limited to the Plaintiff, the Defendant, and the Hybru Co., Ltd. (hereinafter “Hybru”).

(2) On June 2, 2015, the name of the mobile game called “open Electricity” (the name used at the time of commercialization after the completion of development) refers to the name “open-Sagle”.

hereinafter referred to as “instant game”

In relation to the Plaintiff’s portrait rights and development costs received from the Defendant (hereinafter “instant development costs”) from the Plaintiff’s Edivers’ entertainment officials affiliated with Edivers and the Defendant.

) A contract which includes a content that the Defendant, the Defendant, and the Dubru shall develop the said game by using the said game, and that the said game, the development of which was completed, provides the service to the general users directly or through a third party, and that the amount excluding the amount equivalent to the cost out of the sales that was obtained through the said game service, will be divided at a certain ratio by the Plaintiff, the Defendant, and the Dubru (hereinafter

(2) The terms of this Agreement are as follows. Article 3 (Rights and Duties of the Plaintiff)

2. The plaintiff shall take charge of the development, maintenance, and repair of the main game as referred to in the preceding paragraph and support for operation thereof.

3. The Plaintiff, as a developer of the game of this case, must do his best to continuously spawn and to enhance the customer’s overall satisfaction, and actively assist in marketing-related data and events for smooth marketing activities.

4. The Plaintiff’s data, human resources, and technology necessary for the Defendant to provide a smooth game service.