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(영문) 서울고등법원 2016.06.17 2015나2053344
손해배상(기)
Text

1. The plaintiff's primary claim added in the trial is dismissed.

2. The part against the defendant in the judgment of the court of first instance.

Reasons

1. Basic facts

A. On April 29, 2002, the Plaintiff and the Defendant written a memorandum of Understanding on April 29, 2002, and on April 29, 2002, on the Plaintiff’s cooperation with respect to the development of the Defendant’s C Game (hereinafter “instant game”), distribution of profits therefrom, etc., written a joint business understanding note (hereinafter “instant memorandum of Understanding”), and the main contents are as follows.

(A) Article 1 (Purpose) of this Understanding intends to cooperate with both parties in the development of games and the provision of services, and, in principle, to respect the interests and business rights of both parties in accordance with future or separate written agreements.

Article 2 (Scope of Cooperation) 2.1 The plaintiff and the defendant shall take charge of planning and development in the development of C Game (tentative name), and shall jointly develop it, and the profits accrued from paid services shall be allocated to the plaintiff 20% of the defendant's profits.

B. The plaintiff on May 10, 2002; and

5. A contract under which the Plaintiff and the Defendant, on April 29, 2002, acquired 20% of the shares issued by the Defendant, to acquire 5,000 new shares with a face value of 5,000 won per share (=40,000 won x 5,000 shares) to the Plaintiff (hereinafter “instant new shares subscription contract”).

(1) The Defendant, upon entering into this contract, shall issue to the Plaintiff KRW 5,000 (total subscription amount of KRW 5,000 per share) the total subscription amount of KRW 40,000 per share of common shares with the face value of KRW 5,000 per share as follows (No. 3-1). The Defendant shall include the Defendant’s shares in domestic and foreign securities markets (in the case of over-the-counter markets which are not the regular stock exchange market; hereinafter the same shall apply).

(1) The Plaintiff may dispose of the shares of the Defendant, as provided in Article 13, in order to recover the amount of the investment. Article 13 (Shares)

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