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(영문) 서울고등법원 2018.07.11 2017나2022252 (1)
수익금지급청구의 소 등
Text

1. Of the judgment of the court of first instance, the part concerning the counterclaim in the judgment shall be modified as follows:

Plaintiff (Counterclaim Defendant).

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except where the conclusion of the counterclaim is partially different. Therefore, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Matters modified;

O.The 7th sentence of the first instance court shall be amended to the following:

“The Plaintiff suffered damages as set forth in the following subparagraphs (i) through (iv) due to the Defendant’s nonperformance or tort, and the Defendant is obligated to pay the Plaintiff damages for which the sum of the damages is the sum of KRW 3,732,702,344 (i.e., KRW 684,923,321, ② and KRW 2,254,938,140, ④ KRW 792,840,883) and damages for delay.”

o. The following modifications are made to the 7th sentence of the first instance court and the 7th sentence of the 7th sentence.

The Defendant is obligated to pay KRW 684,923,321 to the Plaintiff as compensation for damages related to CPC revenues, although it receives CPC revenues from Non-Party F Co., Ltd., a service agent, in accordance with the instant agreement and the agreement attached thereto, from January 2010 to June 2010, and 50% of the above revenues each month from July 201 to December 2012, 2012, even if it pays the Plaintiff the monthly proceeds from the operation and concealment of sales to December 2012, it did not pay KRW 684,923,321 out of the proceeds from January 201 to December 2012.

O. Part VIII through IX of the first instance judgment shall be amended as follows:

(2) Although the Defendant is obligated to create an environment in which the Plaintiff can smoothly provide Hangul services in accordance with Article 5(4) of the Agreement, the Defendant is obligated to create an environment in which the Plaintiff can smoothly provide Hangul services. However, without the Plaintiff’s consent, G, I, K, and M (hereinafter “G, etc.”).

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