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(영문) 서울중앙지방법원 2015.02.13 2013가합70427

손해배상 등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 54,707,632 to the Plaintiff (Counterclaim Defendant) and its related amount from March 15, 2014 to February 13, 2015.

Reasons

1. Basic facts

A. On November 21, 201, the Defendant established Brazil Co., Ltd. (hereinafter “BE”) and owned 20,000 shares issued.

B. On January 11, 2012, Pluto Co., Ltd. (hereinafter “Nluto”) issued additional shares of 20,816 common shares with the Defendant, and Bluene entered into a share acquisition agreement with the Defendant on the acquisition of such shares. Around that time, Pluto, among the 40,816 common shares issued by Bluen, owned 20,816 common shares, and the Defendant owned 20,00 common shares issued by Bluen.

C. On March 6, 2012, UNFCCC entered into an online service supply contract (hereinafter “instant service supply contract”) with Bluluto to exclusively supply the instant golf system software and online services (hereinafter “instant program”). The Defendant entered into a contract with Bluto and the Defendant for the supply of hardware (hereinafter “instant hardware supply contract”) with the exclusive terms and conditions of the exclusive supply of the instant hardware (hereinafter “instant hardware supply contract”), and the main terms and conditions of each of the instant contracts are as follows.

[This case’s service supply contract] Article 2(Nuto’s duty)(2) of the Loluto does not sell or supply the instant program to a third party in addition to Balnato’s duty.

Article 3 (Obligation of Brazil) Paragraph (3) Balconium shall pay part of the amount received in return for the registration of the screen golf system and the mid-to long-term system by selling the screen golf system in accordance with Appendix 3 and Appendix 5.

Paragraph 4 (B) of this Article is subject to sales proceeds and heavy taxes from screen golf users, owners, business operators, etc., as described in Appendix 4 and Appendix 5.