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(영문) 서울중앙지방법원 2015.07.23 2014가단5228894
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from June 30, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of book publishing business, software development and distribution business, and the Defendant is a company established for the purpose of software development, sale and lease.

B. On December 16, 2013, the Plaintiff entered into a contract with the Defendant for the supply of a mobile game (hereinafter “instant supply contract”) with the content that the Plaintiff would receive a mobile game “rewn business” from the Defendant in the sales cost of KRW 50,000,00,00 from the Defendant and sell, operate, and manage each of the instant games (hereinafter “instant game”). The main content of the instant supply contract is as follows.

Article 1 (Purpose) The purpose of this Agreement is to provide for the rights and obligations of the parties necessary for “the Plaintiff” to provide for the “service” to the users of the game software.

Article 2 (Contract Terms and Conditions and Contracts) (1) This Agreement is effective for one year from the date on which the Plaintiff first commences the service through the “market”, which means the online store where the “user” can purchase a pet case, such as the marketing, operation, and management of the game 3 types of games of the Defendant, such as the marketing, operation, management, etc., in order to enable users to use them.

Article 4 (Roles and Responsibilities of Parties) (1) “Plaintiff” during the term of this Agreement shall, for each game provided by the Defendant, implement:

(1) The “Plaintiff” shall cooperate with the Defendant to the maximum extent possible on the basis of the principle of good faith so that the service of three types of games provided by the “Defendant” may be successful.

(2) During the term of this contract, the Defendant’s “Defendant” refers to individual games provided by the “Defendant” to the Plaintiff:

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