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(영문) 서울중앙지방법원 2021.02.10 2017가합589943
개발지원비 반환 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the business of producing, distributing, etc., and the Defendant is a subsidiary of D (hereinafter “D”) which is a copyright holder of C, an online game (hereinafter “C”), a copyright holder of C, which is an online game that prevails in China, engaged in software development, wholesale and retail, sale, distribution, and service business.

B. On September 21, 2016, the Plaintiff entered into a joint agreement with the Defendant for a large-scale multi-user online roll-type online game (MORPG; hereinafter “instant game”) (hereinafter “instant agreement”).

Of the instant contracts, the parts related to the instant case are as follows. The start of development on July 2016, attached to the instant contract, the implementation of the foundation on December 2016, the realization of the system on modeling, painting, and painting on March 2017, June 2017, 19, 198, 2018, 202.

Article 6 (Development Support Expenses) The development support expenses that the plaintiff should pay to the defendant for the development of the game of this case shall be total of 3 billion won (Additional No. 3) and the development support expenses shall not be refunded or refunded in any case.

Development support costs shall be used by the defendant for development costs from July 2016, when the game of this case begins.

The plaintiff shall pay the development support expenses in installments according to the following schedule, and the defendant shall issue the tax account statement to the plaintiff so that the schedule of each subparagraph can be observed:

(a) Payment within 15 days from the date on which the Defendant issued the Defendant’s tax invoice after the conclusion of this contract: 1.5 billion won out of the development support funds (in addition, 1.5 billion won);

(b) Payment within seven days from the date on which the defendant's tax account statement was issued after the first transmission of the Alphalphalphoid: KRW 750,000,000 among the development support funds (attached tax separate);

(c)after the first transfer of cabots;

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