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1. The Defendant shall pay to the Plaintiff KRW 88,00,000 and the interest rate of KRW 15% per annum from April 10, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On November 13, 2011, the Plaintiff entered into a contract with Nonparty D (hereinafter “D”) under the name of “On-line Study Use Agreement” (hereinafter “instant contract”) with the terms “the Plaintiff’s right to use products of E (English learning) developed by the Plaintiff.” The instant program is the same as the program indicated in the attached list; hereinafter “instant program”).
B. D, as of December 14, 2012, issued to the Plaintiff a certificate of tallying that the work regarding “F establishment” was completed.
C. According to the instant contract and the amended contract on the payment of user fees entered into in addition thereto on November 12, 2013, D agreed to pay the Plaintiff KRW 8,800,000 per month as the minimum user fees of the instant program (which shall be paid in proportion to the number of members, and shall include the amount determined as the minimum guarantee user fees and value-added tax).
However, since July 2013, the payment of user fees has been repeated due to D's business difficulties.
E. Accordingly, the Plaintiff around April 14, 2014, and the same year
7.21.Rabs 21.Woo and the same year
9.1. Around January and every other number of occasions, revealing that the contractual relationship cannot continue when demanding the performance of the obligation to pay royalties to D, and notifying a large number of consumers that D has postponed the time of termination of the use of the instant program for a given period until D enters into a program supply relationship with another company, taking into account the characteristics of the business that provides online English learning services.
F. Around February 4, 2015, the Plaintiff paid the user fee that was unpaid until D at the time as of KRW 8,800,000 per month as the highest letter of “G” under the item of “G” as of February 4, 2015; however, the Plaintiff, as of April 30, 2015 as the last grace period, suspended the time of the use of the instant program until April 30, 2015 and notified that the amount that was reduced to KRW 5,500,000 per month from February 2015, and sent a content-certified mail on April 17, 2015, to D.