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(영문) 대전지방법원 천안지원 2018.10.04 2018가단101273
부당이득금
Text

1. The Defendant’s KRW 59,500,000 as well as the Plaintiff’s annual rate of 5% from March 10, 2018 to October 4, 2018.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant related to the Plaintiff and the Defendant, as the representative director of C Company, manufactured and leased D Game Instruments, which are juvenile music rhythrhythm, on a national scale. However, around 2001, Japan's game development company was subject to a patent infringement lawsuit concerning D Game Instruments and sentenced to a judgment ordering the payment of approximately KRW 3.9 billion and damages for delay. After the above judgment became final and conclusive, C's D Game Software Copyright was seized on August 25, 2009, and thus, it could not properly proceed with D Game Business.

On November 18, 2009, the Defendant registered as an individual business operator for the manufacturing and wholesale retail business of the youth game machine with the trade name "E", and produced 40 degree of the F Game machine, which is a type similar to the D Game machine (hereinafter referred to as "F Game machine"), and began to sell the game nationwide after receiving a rating decision from the Game Rating Board on March 31, 2010.

The plaintiff operated the juvenile game room or run the business of leasing the juvenile game room, and the defendant became aware of the purchase of the F Game machine with the introduction from G.

B. Around May 2010 to June 201, the Plaintiff entered into a partnership agreement with the Defendant on the business of the instant case (hereinafter “instant partnership agreement”) with the content that the Defendant received funds from the Plaintiff and produced a game machine and supplied it exclusively to the Plaintiff at low prices (hereinafter “instant partnership agreement”).

The Plaintiff paid KRW 20 million to the Defendant through H on June 10, 2010 according to the instant trade agreement, and thereafter received four F Game Instruments from the Defendant.

In addition, on June 21, 2010, the Plaintiff paid 30 million won to the Defendant via I attorney-at-law.

On the other hand, upon receiving a request from G that became aware of the conclusion of the instant trade agreement, the Plaintiff would supply six F Game Instruments, and KRW 15 million on June 30, 2010, and KRW 30 million on July 1, 2010.

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