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1. The Defendant’s KRW 50,000,000 as well as annual 5% from November 11, 2018 to April 22, 2020 to the Plaintiff.
Reasons
1. Facts of recognition;
A. From April 2018, the Plaintiff: (a) installed and operated a total game machine of 85, including 55 units and 30 units of Addd Game “Ssking” in the underground room of the building located in the building located in the Jeonnam-gun, Chungcheongnam-gun; (b) on July 11, 2018, the Plaintiff transferred all of the machinery and equipment of the said entertainment room to the Defendant at the price of 100 million won.
(2) In the instant transfer contract, the Defendant agreed to pay the down payment of KRW 48 million at the time of the contract, and the balance of KRW 52 million at the time of the contract, which is KRW 17 million on August 10, 2018, KRW 15 million on September 10, 2018, KRW 15 million on September 10, 2018, and KRW 10 million on October 10, 2018, respectively.
B. Under the above transfer contract, the Defendant paid the Plaintiff the down payment of KRW 48 million and the remainder amount of KRW 2 million and KRW 50 million in total.
C. According to the Game Industry Promotion Act, the defendant did not make an act of exchanging tangible and intangible results obtained through the use of game products as a business in operating a entertainment room, but on July 16, 2018, in the above entertainment room, the defendant requested the user losses to exchange 20,000 won and 27,000 won (per 10% deduction) from his/her game products. The above user losses were dismissed by his/her report, and they were seized.
After that, the defendant was prosecuted on October 28, 2019 for violating the Game Industry Promotion Act.
(Evidence: (Evidence: Evidence: Evidence No. 1, B 1 through 5 (including the serial number), and the whole purport of the pleading)
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the balance of 50 million won under the transfer contract of this case and delay damages therefor.
B. Determination of the Defendant’s assertion