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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On March 8, 2010, the Plaintiff entered into a contract for the use of “O” with the following contents, in order to continue to distribute online online games D developed by F Co., Ltd. F (hereinafter “F”), which was distributed from February 6, 2007 from the online game portal C operated by the Plaintiff (hereinafter “Association”).
(hereinafter referred to as “the instant use contract” (hereinafter referred to as “A”) and the Plaintiff (B) enter into the following contracts with respect to the use of the instant H players and retired H players Gap’s portrait rights, name rights, character, etc. (hereinafter referred to as “blostty rights”) as delegated by the H players A and the Plaintiff (hereinafter referred to as “B”) for D games:
Article 3 (Use of Sable Sable Escop, etc.)
1. A shall grant A the right of publicity to B during the term of this contract for use in Gap's online games D.
Article 4 (Term of Contract)
1. The term of this contract is from January 1, 2010 to December 31, 2012.
Section 5 (Contract Amount) A. The compensation to be paid to A for the use of the right of publicity stipulated in Section 3 of this Agreement shall be as follows.
2. B shall deposit KRW 500 million with A as the performance guarantee for the contract period within five business days after the conclusion of this contract.
The deposit shall be returned to B upon the expiration of the contract term.
3. A shall pay the retirement players Gap paid KRW 200 million as the price for the use of the publicity right from 2007 to 2009 to Gap within five business days after the conclusion of this contract.
4. Eul shall pay Gap, within five business days after the conclusion of this Agreement, the amount of eight hundred million won in the cost of using blosts for H players of Gap, 2009.
B. On March 15, 2010, the Defendant entered into an agreement with the Association on the integrated marketing authority of the right of publicity with the following content:
(hereinafter referred to as the “instant agreement”). Article 3 (Details of Use Rights) A (Association) of the Agreement does not exceed B (Defendant).