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1. The Defendant shall pay to the Plaintiff KRW 67,060,000 as well as 20% per annum from June 11, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that has developed a large-scale multi-user online roll-oriented game (MORPG) “SG” (hereinafter “instant game”). The Defendant is a company that runs a type of business, game distribution, game content supply, game development support, etc. by acquiring a game license from a game software development company and publicizing, distributing, and selling the game and distributing the profits therefrom, and dividing the profits therefrom with the game development company.
B. On April 10, 2013, the Plaintiff and the Defendant entered into an online game joint business agreement (hereinafter “instant agreement”) with respect to the instant game, and entered into an agreement on May 13, 2013 to Egypt Egypte and Egypt Egypt Egypt Egypt (hereinafter “instant incidental agreement”).
C. The summary of the instant subsidiary contract is as indicated in the attached Form, and Article 6 of the instant subsidiary contract stipulates that “The instant subsidiary contract shall specify the contents of mutual agreement on overseas and additional business, which are the parts not specified in the instant contract, as the contract, and the content not specified in the instant subsidiary contract shall be subject to the contents of the instant contract.
The Plaintiff and the Defendant mean the provision of test services by disclosing free games to all users of open beta without restriction from June 26, 2013 to June 30, 2013.
After providing game services, from July 8, 2013, the game of this case began to be commercialized in the Republic of Korea.
E. On August 6, 2013, the Defendant reported to the Plaintiff the net sales of the instant game from July 8, 2013 to July 31, 2013, to KRW 38,979,090. On August 12, 2013, the Defendant paid KRW 15,591,636 (including surtax 17,150,79) equivalent to the Plaintiff’s settlement amount (40%) stipulated in the instant contract.
F. On August 13, 2013, the following day, the Plaintiff’s duty to provide servers under Article 5(3)2 of the instant contract to the Defendant.