(영문) 서울중앙지방법원 2018.06.18 2017나68655

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(영문) 서울중앙지방법원 2018.06.18 2017나68655

손해배상(기)

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1. An appeal against the Plaintiff (Counterclaim Defendant)’s principal lawsuit and an appeal against the Defendant (Counterclaim Plaintiff)’s counterclaim Co., Ltd.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff, Defendant B, and D developed and sold the E program on February 14, 2013, and they concluded a business agreement with the Plaintiff to take charge of the development of the program, the Plaintiff’s development of the program, and Defendant B’s sale of the input and program (hereinafter “instant business agreement”) and completed the development of the program intended for the Plaintiff and D for the general public, but did not sell it.

The main contents of the instant business agreement are as follows.

Article 2 (Details of Business Agreements)

1. A (hereinafter referred to as “B”) input a daily amount of KRW 20 million for the development of a program and continuously support the optimal marketing for the sale of a completed program.

2. Eul (D, hereinafter referred to as “B”) and Byung (hereinafter referred to as “A” only) (hereinafter referred to as “A”) shall put the services and technical skills in developing the program and shall continue to be maintained and repaired after completion of the development.

Article 3 (Development, Operation and Settlement of Programs)

1. The program development shall be carried out by Eul and Byung;

2. At the time of the conclusion of this Agreement, A shall pay 30% of the development costs (6 million won) to the accounts designated by B and C at the time of completion of the Project, and 50% (10 million won) shall be paid at the time of completion of the Development of the Program, and the remainder of 20% (4 million won) shall be paid within one month after completion.

3. The time when the development of the program under the above-mentioned 2 is completed means the E program (basic type).

5.A shall settle the results of the preceding month on the fifth day of each month in allocating profits from all sales related to the program to B and C, and the distribution rate shall be as follows 6:

6.The distribution ratio shall be 70% of the sales of the program sales to A, and in principle, to receive 15% of the sales to B and C, respectively.

7. B and C shall preferentially develop a basic form in developing a program and shall be a program through continuous maintenance and repair.

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