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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Under the underlying facts, the following facts do not conflict between the parties, or can be acknowledged by comprehensively considering the whole purport of the pleadings in each entry in Gap evidence Nos. 1-4, 7, and 3 (including the number with a serial number; hereinafter the same shall apply).
On July 30, 2018, the Plaintiff entered into an agreement with the Defendant (C; hereinafter referred to as “C”) on the acceptance of D protocol game teams operated by the Defendant (hereinafter referred to as “instant protocol game teams”) in KRW 1.5 billion (excluding value-added tax), and paid down payment of KRW 330 million, including value-added tax, to the Defendant on the same day.
On July 31, 2018, the Plaintiff entered into a specific contract with the Defendant for the acceptance of the instant protocol games according to the aforementioned agreement, and the main contents are as follows.
The Plaintiff (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”) enter into a contract with the content that Party A accepts the prior means of operation of Party B (hereinafter referred to as “instant contract”) on the following terms:
A list of athletes accepted by Gap from Article 2 (Vasts Subject to Acceptance) shall be as follows:
No. Name Date Game ABHead Co., Ltd. 8 Z AB Hadd Co., Ltd. 9 AC AD AD AE Co., Ltd. 3 (Contents of Acceptance)
1.A shall take over the CD’s current operation and possession of B, and B shall accordingly transfer to A all rights and obligations relating to CD’s rights and obligations in a comprehensive manner.
2. The representative director of Eul shall notify AG and AH at the time of transfer, and confirm and guarantee the acceptance approval.
At this time, all responsibilities shall be borne and compensated when a problem, such as the omission of authority, arises.
3. CD players' prize, Skin's and personal game items distribution right are recognized as owned by B not later than the last game in AI Summer 2018.
In 2018, AI Summer PPP has been established.