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(영문) 광주지방법원 2017.10.19 2017가단504171
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a game software producer that has developed a mobile game’s “dicle Dabs” (hereinafter “instant game”).

On March 3, 2016, the Plaintiff concluded a blishing contract with the Defendant to obtain the right of the Defendant to use (services and resale) the said game in platform market, including a foreign pettotos, except Korea, with respect to the instant game.

(hereinafter referred to as the “instant contract”). The main contents of the instant contract relating to the instant case are as follows:

Article 3 (Rights and Duties of Defendant)

1. The defendant has the authority to do the following multilateral language services of the instant games: the app, app, and up-to-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto

2. The defendant shall be the subject and best efforts of marketing activities for multi-language services.

3. The Defendant shall provide the Plaintiff with a language translation text of each country necessary for multi-language services and shall provide the Plaintiff with various systems and information necessary for global services.

Article 4 (Rights and Duties of Plaintiffs)

1. The Plaintiff is not responsible for the global work of the instant game so that the Defendant can serve as a service in the app, app, upto-to-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto-sto

2. The Plaintiff actively reflects the part requested by the Defendant so that the instant game can be provided to the platform market, such as apps, through consultation.

Article 7 (Methods of Calculation of Profit Distribution and Marketing Expenses)

1. The Defendant shall pay the Plaintiff the following amount under the terms and conditions set forth below:

1) The royalty amount of KRW 200 million (value-added tax by category 2) the stop amount of KRW 300 million (value-added tax by category 300 million) and the method of paying the royalty amount of KRW 500 million (value-added tax by category 3): the royalty amount of KRW 500 million (value-added tax by category 1, 2, 3, and 4) the royalty amount by dividing it by the first, second, third, and fourth.

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