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(영문) 서울중앙지방법원 2016.07.13 2014가단131216
손해배상등
Text

1. The plaintiff's claim against the defendant B is dismissed.

2. Defendant C Co., Ltd. is KRW 65,300,000 and this shall apply to the Plaintiff.

Reasons

1. Basic facts

A. Joint business contract between the Plaintiff and the Defendant Company 1) Defendant B is the Defendant C Co., Ltd. (hereinafter “Defendant Company”).

(2) On July 29, 2013, the Plaintiff entered into a joint business contract with the Defendant Company with the content that the Defendant Company has exclusive business rights, as shown in the attached Form.

(hereinafter “instant joint project agreement”). (b)

1) On August 2, 2013, the Plaintiff agreed to supply between the Chinese company and D Limited Corporation (hereinafter “D”) located in China.

2) The Plaintiff entered into a contract for the provision of smart television display software with the content that the Plaintiff takes charge of the production of the term “business cooperation” with D on the same day between D and D, and D are responsible for the operation of the software products, and 50% of profits therefrom. The Plaintiff entered into a contract for the provision of the term “business cooperation” with the aim of “cooperative relations for the distribution and distribution of the smart television display in China using Dmarket.

In the above supply contract, the Plaintiff agreed that “the time of the Plaintiff’s delivery of the software products at the time of the delivery of the hardware offered to D shall be adjusted in a flexible manner under mutual agreement.”

(3) On December 6, 2013, the Plaintiff’s representative director E is a stock company F (hereinafter referred to as “F”) with the purpose of conducting the “ smart television display” business, etc.

A) Along with F’s representative director, Defendant B, and Defendant B’s branch offices, E entered into a supply contract with F, each of which was registered as F’s internal directors. 4) F entered into a contract with D on January 3, 2014 with D to supply “H” smartTV music software.

Under the above supply contract, F is responsible for the development of H products software, provides H final burner by February 20, 2014, and the relevant server is stable.

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