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(영문) 서울고등법원 2018.05.11 2017나2062656
보증채무금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The facts under the basis of facts are either in dispute between the parties or in each entry in Gap evidence Nos. 1 to 3 and Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply). The whole purport of the pleadings may be considered as a whole.

[1] The Plaintiff is a corporation established around March 2001 for the purpose of domestic and foreign satellite cable broadcasting business.

A Co., Ltd. (hereinafter referred to as "C") is a corporation established around August 2012 for the purpose of developing and distributing portable equipment and online software.

The defendant is the representative director of the corporation E (director E) established around November 201 for the purpose of sports marketing and product sales business.

[2] On April 2013, the Plaintiff entered into a contract with respect to the development of a mobile game “D” (hereinafter “instant game”) (hereinafter “instant contract”) with the Plaintiff around the horse, as follows.

In accordance with the contract of this case, the defendant, the LABE, and the F jointly and severally guaranteed the refund obligation of the development amount to the plaintiff, and other damages liability due to the suspension and interruption of the game development.

The plaintiff and C of the mobile game joint development agreement enter into a contract related to the joint development of the game of this case ("this contract") as follows:

(B) Article 2 (Payment of Development Funds) The development funds that the Plaintiff pays to C under this Agreement shall be KRW 500,000,000 (Additional Tax).

(b) Article 3 (Contract Period)

1. The term of the contract shall be one year from the date of running the game of this case;

2. Provided, That the contract period shall be one year from the date of withdrawal by country (Korea and Japan), respectively;

3. If the amount of development (the amount shall be KRW 500,000,000) is not repaid within the term of the contract, C shall repay the amount of development to the Plaintiff in lump sum.

Provided, That the contract period may be extended by the time the developed principal is repaid according to the consultation with the plaintiff and C.

Article 4 (Methods of Repayment of Development Funds and Payment of Profits)

1. C is paid by the Plaintiff.

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