(영문) 서울중앙지방법원 2017.11.28 2016가단5261666

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(영문) 서울중앙지방법원 2017.11.28 2016가단5261666

약정금

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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 127,125,00 and KRW 50,000 among them, from July 31, 2015 to 38.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that runs the business of developing and supplying mobile and online games, and Defendant B (hereinafter “Defendant Company”) is a legal entity that engages in the business of developing, supplying, producing and selling software and contents, and Defendant C is the representative of the Defendant Company.

B. On April 20, 2015, the Plaintiff and the Defendant Company planned and developed a mobile game in the name of “D” and concluded a “contract on investment and joint development and services” with the content that the Defendant Company has the right to invest and the right to the investment.

(hereinafter “instant contract”). The Defendant Company shall pay to the Plaintiff the development investment cost of KRW 656,00,000 under the said contract, but the contract was written in 2015 as the year 2014, which appears to be a clerical error in the year 2015.

The aforementioned development investment expenses were paid monthly from February to March 2016, including KRW 34,650,000 for April to June, and KRW 46,200,00 for July to September.

Article 1 (Purpose) The purpose of this Agreement is to terminate the contract in whole and to agree as follows, even though the term of April 19, 2018, which was the termination of the contract of the "Agreement on Exemplary Game Investment and Joint Development Services" (hereinafter referred to as the "Agreement") entered into between A (the Defendant Company; hereinafter the same shall apply) and B (the Plaintiff; hereinafter the same shall apply) on April 20, 2015, did not arrive at the expiration of the contract.

Article 2 (Rights and Obligations)

1. A, as specified in Articles 7(5), 8(1) and 10(1) of the Agreement, shall compensate for the damages incurred by B;

2.B shall provide Party A with all results of the same game until the date on which the Convention is signed and sealed, and Party B shall not retain the results.

Article 4 (Total Amount of Compensation) The total amount and schedule for repayment shall be as follows:

In 2015, the detailed details of expenses (cost) shall be paid at non-high-income contract payments.

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