(영문) 수원지방법원성남지원 2016.01.20 2015가합201554

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(영문) 수원지방법원성남지원 2016.01.20 2015가합201554

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of value-added telecommunications business, special category telecommunications business, leasing, selling, maintaining and repairing communications equipment, and the Defendant is a company established for the purpose of software development, export and import business

B. From around 2007, the Defendant developed a game program under the name of “C” (hereinafter “instant game”) that can be enjoyed through a container-type game machine, such as online and display 4, from around 2007. However, net losses of approximately 10 billion won during the fiscal year 2012 occurred, and at the time, the total debts exceeded approximately 22.2 billion won, which led to the shortage of funds.

At that time, the husband of D, the representative director of the defendant, and the director of E, the defendant, was introduced by the branch of the Corporation F (hereinafter referred to as the "F"), and requested G to attract investment against the defendant at the end of 2012.

C. At the end of the contact between the Defendant (D, E) and G with regard to attracting investment against the Defendant, G introduced H, the representative director of the Plaintiff, to the Defendant, and accordingly, the contract between the Defendant, the Plaintiff, and the Defendant and F was concluded as follows.

Article 1 (Purpose of Contract) The instant contract refers to a content transmission network as a service to deliver contents of large capacity, such as the Plaintiff’s server and network equipment, infrastructure technology support, system operation, security, CDN game, film, etc., online rapidly and stably, for the global service projects domestically and overseas of the instant game that the Defendant developed and continuously operated.

In order to define the roles and duties of the two companies and maximize their interests, the purpose is to establish the Comblishing Code and distribute profits from the sales of the two companies reasonably.

Article 3 (Duties of Adopteds)

1. The defendant shall stably globalize the game of this case.

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