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(영문) 서울중앙지방법원 2016.04.29 2015가단129746

판권양도대금

Text

1. The Defendant’s KRW 61,50,000 as well as the Plaintiff’s KRW 20% per annum from June 24, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On December 12, 2014, the Plaintiff, the Defendant, and the Hyg Jae-gu Ltd. (hereinafter referred to as “Hyg Jae-gu”) concluded a business agreement for the purpose of the Plaintiff’s and the Defendant’s transfer to the Defendant and the Defendant (hereinafter referred to as “instant contract”) with the terms and conditions of the contract and the main contents of the agreement on mobile RPG Game “YY” (hereinafter referred to as “instant game”).

The main contents of the instant contract are as follows.

Section 2 (Subject to Contract) This Agreement covers the succession and transfer of the rights and transfers to the Defendant of the contact with the Plaintiff’s domestic and global Bloling monopolys, and the distribution of the profits of the Party’s overseas (other than domestic) from among the profits of the contact.

Article 3 (Contract and Contract Terms)

1. The term of the contract between the Plaintiff and the Defendant is completed at the same time with the payment of the Plaintiff’s investment made by the Defendant, but the Plaintiff cannot exercise all rights, such as domestic and global business contracts, direction, services, operation, etc. from the time of receiving the primary investment payment to the Defendant.

Article 4 (Distribution of Contract Deposit and Profits)

1. In transferring to the Defendant the right to this kind of content in Korea and global, the costs of KRW 95,000,000 paid to the Plaintiff and used for the development investment, shall be paid to the Plaintiff as follows:

KRW 30,000,000 for December 15, 2014; KRW 30,000,000 for the second time on January 31, 2015; KRW 35,000 for the third time on February 10, 2015.

2. The Plaintiff’s remaining 35,000,000 won shall be succeeded to the Defendant and the Defendant shall determine the payment content and schedule in consultation with the Defendant.

B. The Defendant paid the Plaintiff KRW 33,000,000,000, out of the price under the instant contract, to the Plaintiff on December 16, 2014, and thereafter, additionally paid KRW 10,000,000.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Determination: