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(영문) 서울중앙지방법원 2016.11.23 2016가합514478
계약부존재확인
Text

1. The online advertising contract concluded between the Plaintiff and the Defendant on October 21, 2015 is not continued from April 1, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company that mainly engages in the development and sale of software, such as development, operation, and provision of SG PAY services. The Defendant is a company that engages in the issuance of electronic merchandise coupons, electronic payment agency business, advertising agency business, etc.

B. Around July 2013, the Plaintiff entered into a non-exclusive license agreement with the Defendant regarding the Defendant’s Internet-based electronic merchandise coupon transaction system and method patent, with the term of the contract from the date the contract expires to the expiration date of the patent right, and the license fee of which is KRW 20,000,000 (value-added tax separate). In addition, where the Plaintiff enters into a business agency contract with a third party for a new global mobile merchandise coupon, the Plaintiff entered into an agreement with the Defendant to provide the Defendant with an opportunity for business agency, and where there is no business agency contract between the Plaintiff and a third party until the end of 2013, the Plaintiff entered into the contract with the Defendant to provide the Defendant with an opportunity for business agency. (2) Around July 2014, the Plaintiff entered into the new global mobile merchandise coupon sales contract with the Defendant to conduct business activities, etc. for the mobile merchandise coupon’s right (hereinafter “instant business agency contract”).

3) The Plaintiff paid the Defendant fees for KRW 2014 under the instant sales agency contract. (c) On October 21, 2015, the Plaintiff entered into an online advertising contract with the Defendant with the content of the Defendant’s online advertisement of “SGPAY” operated by the Plaintiff (hereinafter “instant online advertising contract”), and the main contents are as follows.

Article 3 (Scope of Services) The scope of services to be provided by the Defendant is as follows:

1. A media indicating an intention to directly or indirectly expose SG PAY pumpss.

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