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(영문) 서울중앙지방법원 2015.04.03 2014가합48656
손해배상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff is a company established for the purpose of software development, sale and lease business, and the defendant is a company established for the purpose of book publishing business, software development and distribution business, etc.

On December 16, 2013, the Plaintiff entered into a contract with the Defendant for the supply of mobile game (hereinafter “instant supply contract”) with the content that the Defendant received from the Plaintiff the mobile game “renat business” and the “sable stick” and the “conspets” (hereinafter “instant game”) to sell, operate, and manage each of the instant games, and that the Defendant would distribute the future profits to the Plaintiff.

The main contents of the instant supply contract are as follows.

Article 1 (Purpose) The purpose of this Agreement is to prescribe the rights and obligations of the parties necessary for “the Defendant” to provide for the “service” to the users of the Plaintiff’s game application.

Article 2 (Term of Contract and Contract) (1) This Agreement is effective for one year from the date on which the Defendant first commences the service through the “market”, which means the online store where the “user” can purchase a pet case, such as the marketing, operation, and management of the Plaintiff’s 3-Class game service, such as the marketing, operation, and management of the Plaintiff’s game.

Article 4 (Roles and Responsibilities of Parties) (1) “Defendant” shall, during the term of this Agreement, implement, with respect to individual games provided by “Plaintiff”, the following:

(1) The Defendant shall cooperate with the Plaintiff as much as possible on the basis of the principle of good faith so that the service of three types of games provided by the Plaintiff may be successful.

(2) During the term of this Agreement, the Plaintiff’s “Plaintiff” means, for each game provided by the “Defendant”, the following:

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