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Reasons
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(영문) 서울중앙지방법원 2019.02.12 2018가단19345
손해배상(기)
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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 50 million and the interest thereon from April 14, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (former trade name: D.; hereinafter “Defendant Company”) developed the karaoke machines (F; hereinafter “instant karaoke machines”) using the E’s patented technology.

B. On April 208, in accordance with the proposal of Defendant C, the representative director of the Defendant Company, the Plaintiff and G entered into a contract with the Defendant Company and the Defendant Company on the product manufacturing and selling the products of “H” and dividing profits by developing hardware and applied software related to educational language content (hereinafter “instant contract”), which is developed by G in the preexisting karaoke period, and its main contents are as follows.

(B) In the following, “A” refers to E and Defendant Company, “B” refers to the Plaintiff and G. However, “B” does not sign and seal the instant contract. Article 2 / [product development] B refers to the development of a prior product, including the development of necessary circuits and software, and agrees to the development cost and quantity for mass production separately.

Article 3 [Remuneration]

1. The amount shall be one hundred million won;

2. The actual expenses, such as incidental expenses for development, etc., shall be the settlement key later separately.

3. Method of payment: 50 million won shall be paid to A simultaneously with the principal contract.

The balance of KRW 50 million shall be paid to A on the date of commencement of mutual agreement.

Article 4 [Distribution of Profits]

1. Distribution of user fees for content provided by collaborative entities in B or B: The amount shall be 4 and 6;

2. Distribution of user fees for content provided by cooperation companies A or A: 6, and 4.

[Contract Term]

1. The period for the development of products under Article 2 shall endeavour to complete the development of products within six months in addition to the completion of gold design, etc.;

C. The Plaintiff and G are the patent term of May 6, 2008.

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