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(영문) 서울중앙지방법원 2014.02.07 2012가합15577

손해배상(기)

Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s status 1) The primary source of revenue is to develop an online camping game, a Korean professional camping player’s portrait and real name, and sell its comprehensive marketing rights to H, a game service company, and receive a certain ratio of the sales of the said game. 2) Defendant B (hereinafter “Defendant C”), Defendant C (hereinafter “Defendant C”), Defendant D Co., Ltd. (hereinafter “Defendant D”), and Defendant E Co., Ltd. (hereinafter “Defendant E”), are both companies conducting online game advertising agency business, and Defendant F is an individual who runs an advertising agency business with the trade name “I”.

B. On January 10, 2010, the Plaintiff delegated the advertising business of the online game developed by Defendant B and the Plaintiff, and entered into a “advertising agency contract” under which KRW 600 million (excluding value-added tax) is paid to Defendant B in return. On January 19, 2010, the Plaintiff paid KRW 660 million to Defendant B. (2) On February 1, 2010, the Plaintiff delegated the PR marketing business with Defendant B and paid KRW 150 million in return. (3) On February 5, 2010, the Plaintiff paid KRW 150 million in return.

C. On March 25, 2010, the Plaintiff entered into a contract with Defendant C on the consignment of the production of a website with Defendant C and the payment of KRW 275 million (excluding value-added tax) in return, and paid KRW 10 million to Defendant C on March 25, 2010, KRW 90,6250,000,000 to Defendant C, and KRW 9,6250,000 on May 10, 201.

(1) On March 30, 2010, the Plaintiff delegated the advertising business of the online game developed by Defendant D and the Plaintiff, and entered into an advertising agency contract with Defendant D with a view to KRW 140,000,000 (value-added tax is a separate “advertisement agency contract” for value-added tax.