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(영문) 서울중앙지방법원 2015.10.20 2014가단5230644
부당이득금
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 April 24, 2014, the Plaintiff Company entered into a game software investment contract (hereinafter “instant investment contract”) with the Defendant Company. The main content is as follows.

Article 1 (Purpose of Contract) The plaintiff and the defendant support the plaintiff's main server and human resources for game, and enter into the following contracts with respect to the business of developing, referring to, and operating online mobile games using such support:

Article 2 (Definitions) (1) The definitions of terms used in this contract shall be as follows:

1. The term “Eredelivery Quz” means all works related to the Defendant’s online quiz. ① The Plaintiff shall pay the Defendant for the planning, development and design of the game under this contract. ② The Defendant shall prepare an environmental analysis plan for the development of the game within 30 days from the date of the contract, obtain the Defendant’s approval, and complete the game scenario (including scenario) within 60 days from the date of the contract. The intermediate inspection items shall be included and the intermediate inspection items shall be achieved before October 20. In addition, the time of the completion of the game development shall be the date of the game, and the term “E Quzz” shall be made before April 30, 201. ③ The Plaintiff shall pay the Defendant a certain amount of the investment cost following the contract: The Plaintiff shall not pay the Defendant for the commencement of the contract, the intermediate payment within 30 million won, the intermediate payment within 30 million won, and the remainder of the contract shall not be made within 30 million won upon the completion of the contract.

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