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(영문) 서울중앙지방법원 2017.02.15 2016가단5094958
용역비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 2, 2013, the Defendant, the developer of the “C” (hereinafter “instant game”), which is the game content content, entered into a contract with the Defendant and the Defendant’s Game Borrowing Co., Ltd. (hereinafter “Publisher”) under which the instant game is intended to exclusively provide the instant game to the users in the Republic of Korea and all foreign countries (hereinafter “game Borrowing”). The Defendant’s performance of the duty of developing the instant game and providing it for the game, and the game lending performance of the duty of “blosting” and public relations, etc. of the instant game. However, the Defendant and the Defendant’s Game Borrowing concluded a contract with the content that (hereinafter “blosting contract”). The Defendant and all foreign countries agreed to pay a down payment of KRW 500 million in return for the development of the instant game.

B. On September 13, 2013, the Plaintiff entered into a management consulting agreement (hereinafter “instant service agreement”) with the Defendant with the content that the Defendant would receive management consulting from the Plaintiff for the provision of domestic and foreign commercial services for the instant game (hereinafter “instant service agreement”).

Article 2 (Contents of Management Consulting ; hereinafter the same shall apply) B (Contents of Management Consulting ; hereinafter the same shall apply) shall provide A (the defendant means the defendant; hereinafter the same shall apply) with the following management consulting (hereinafter referred to as "consultation"):

1. Market analysis and determination necessary to conduct domestic and foreign commercial services and related profit-making business of the game of this case developed by Gap

2.Article 3 (Consultation 1) (1) of the Act on the Negotiations for the Conclusion, Conclusion, Implementation, etc. of Contracts for the Implementation of Commercial Services and Related Profit-Making Projects under subparagraph 1, A shall pay to B, as remuneration, an amount equivalent to 10 per cent of all profits distributions received by A from game loans each month after the commencement of a service with respect to the consulting provided by B.

Article 4 (Methods and Timing for Payment of Remuneration) (1)

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