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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that operates curriculum development and operation business, Internet education business, etc., and the Defendant is a company that operates content and animation broadcasting production business, software consulting, development, supply, and sales business, and C (hereinafter “C”) is a company that operates film and book sales business and online learning business.
B. On June 14, 2012, the Defendant entered into a “(game development) outsourcing contract” with C (hereinafter “instant contract”) and the specific content are as follows.
Article 3 (Terms of Contracts) (1) In accordance with this Agreement, the Defendant shall develop programs based on a separate project plan for the development of D (A) Social Game (hereinafter referred to as “instant game”).
2. C must provide the Defendant with a letter of planning, a written request for functions, and a document necessary for the overall development of “D (A) social game development”, which is necessary for the Defendant to develop “D (D) social game development.
Article 5 (Terms and Conditions of Contract) (1) The development funds of the “D (A) Social Game Development” shall be total amount of KRW 48,000,000 - VAT (including 48,00,000).
Article 6 (Payment Method) (1) The C shall pay to the Defendant in installments the total development cost Won 48,000,000 won (including VAT) in five months from June to October 2012 in the amount of 9,60,000 won (including VT) as of the last day of each month.
Article 15 (Prohibition of Assignment) C or the defendant shall not transfer to a third party any rights and obligations arising from this contract, or transfer them to a third party or provide them for the purpose of security, without the written consent of
C. C paid KRW 48,00,000 to the Defendant on five occasions from June 2012 to January 2013 under the instant contract.
On the other hand, on February 5, 2015, the Plaintiff entered into an underwriting agreement with C for social game development (hereinafter “instant underwriting agreement”).
C The transfer of management to the Plaintiff by entrusting C with the business due to the deterioration of management.