손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 3, 2008, the Plaintiff entered into a license agreement between the North Cross and the Plaintiff (hereinafter “North Cross”) on March 3, 2008, under which the Plaintiff was granted exclusive rights to produce and sell specific online games by using all intellectual property rights using characters and titles of “mathic advice” from the North Cross, thereby obtaining exclusive rights to produce and sell specific online games (hereinafter “mathic online game license agreement”).
The parts related to this case in the contract with North Cross shall be as shown in the attached Table 1.
B. On April 22, 2008, the Plaintiff entered into the instant contract with the Defendant for the term “the instant contract for the development of online game (hereinafter “instant game”)” (hereinafter “instant contract”).
On May 9, 2008, the Defendant paid KRW 500 million to the Plaintiff as down payment pursuant to Article 5 of the instant contract.
C. From the date of the conclusion of the instant contract, the Defendant developed the instant game. From the date of the conclusion of the instant contract, in 2010 and 2011, the Defendant took part in the City (FGT) for the employees inside the Defendant. On June 2, 2012, the Defendant held the instant game for 100 general persons who filed an application for participation in advance (i.e., students at low school) who were 100 students at elementary school (i.e., students at lower school).
On July 11, 2012, the Defendant notified the Plaintiff of the suspension of the instant game development, stating that “The instant game was developed in good faith after the conclusion of the instant contract, but was decided to suspend the development on July 11, 2012 in accordance with the Defendant’s internal policy, and accordingly, the instant contract was also terminated,” and that around that time, the said notification reached the Plaintiff.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 1, 3, and 6, and the purport of the whole pleadings.