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1. The Defendant shall pay to the Plaintiff KRW 209,818,840 as well as 20% per annum from June 3, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that develops, distributes, and sells software, and the Defendant is a company that provides online services related to English education to customers and sells English teaching materials.
B. On March 11, 2011, the Plaintiff and the Defendant entered into a service contract for the development of online English education programs (hereinafter “instant program”) (hereinafter “instant program development agreement”) (hereinafter “instant program”). The main contents are as follows.
The initial development cost of the contract amount for 15,000,000 additional tax rate for 15,00,000 won for the initial development cost of the contract amount for 15 years and 5 years: Value Added 1: The initial development cost payment condition for 7,50,000 won for 7,50,000 won for the contract: Cash payment within 15 days after the execution of the contract - The cash payment for 7,50,000 won for the remainder 7,50,000 won: the date of commencement of cash payment for the last supply on March 8, 2011 from March 8, 201 to May 31, 2011; and the Defendant shall pay the Plaintiff the remainder as follows:
(hereinafter referred to as the “instant agreement”). However, when paying monthly profit-sharing costs, if the benefits listed in Table 1 do not amount to the guaranteed benefits, the Defendant shall settle accounts of the costs corresponding to Table 1 (hereinafter referred to as the “instant minimum guarantee agreement amount”) and pay to the Plaintiff.
1. Period of return: The number of copies of the teaching materials sold using the salking program x 700 won, from January 2, 2012 to December 2, 2016:
3. The fifth day of the following month of the payment of expenses, regardless of the amount of profit:
C. The Plaintiff received a total of KRW 38,923,500 from the Defendant from January 2012 to May 2014, in accordance with the instant program development agreement.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Gap evidence No. 13-1 through 3, and the purport of the whole pleadings.