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(영문) 서울중앙지방법원 2018.09.06 2017가단5161411
부당이득금
Text

1. As to KRW 101,134,242 and KRW 100,00,00 for the Plaintiff, the Defendant shall pay to the Plaintiff the year from February 13, 2014 to September 6, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of software development and distribution business, and the Defendant is a company with the purpose of the game development and distribution business.

B. On November 16, 2010, the Plaintiff and the Defendant concluded a “PF and franchise agreement” (hereinafter “instant agreement”) with the effect that the Defendant develops the game, the Plaintiff has overseas sales rights, etc. for the said game, and instead receives distribution of profits from the said game, the Defendant invested KRW 100 million in the development cost of the said game, and the Defendant shall pay KRW 50 million with the overseas sales rights.

C. The main contents of the instant contract are as follows.

Part 1 of the General Provisions of Chapter 1 (Purpose of Contract) The purpose of this Agreement is to provide for all matters necessary for concluding contracts on PF and overseas sales rights for games developed by the Plaintiff (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”).

Article 2 (Games Subject to Contract)

1. The games subject to this Agreement are as follows: C (including the future web-based) developed by B and SNG’s tentative name “D” 3.

(hereinafter referred to as “games”); 2.3. Each omitted No. 2. 3. Article 4 (Details of PF) of the Provision of the PF and the Sales Tickets

1. A shall invest 10 million won in PF amount to B;

2. B shall be paid to A for the amount invested by 10 million won and 200 million won in total, and 300 million won in total.

Article 5 (Contents of Sales Coupons)

1.The sales rights provided to A under this Agreement shall be guaranteed that Spanishes, including Japan, Vietnam, Thailand, Cambodia, Malaysia, Malaysia, Singapore and Spain, are used in national language, and shall be exclusively in this area.

2. The right to purchase from B with respect to “games” is all the rights to use “games” as a game in all platforms where game services, such as online and smartphones, can be provided.

Part III roles and duties Article 7 Section A.

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