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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a legal entity whose primary business is to commercialize characters such as cartoons, movies, games, etc. and to manufacture and distribute character products. The Defendant is a legal entity whose main business is to develop mobile and Onnuri games and distribute them.
B. From January 2014, the Plaintiff started consultations with the Defendant on the business of commercialization of character with the Plaintiff and entered into a confidentiality agreement to enter into a contract for commercialization of e.g., a mobile game that was developed by the Defendant and the Defendant at the time (hereinafter “instant game”) on January 28, 2014.
C. On April 9, 2014, the Plaintiff entered into a contract with the Defendant to grant the Plaintiff the right to the commercialization of the character of the instant game character developed by the Defendant with a two-year contract period and a contract for the commercialization of the character of the mobile game developed by the Defendant (hereinafter collectively referred to as the “instant contract”). The content of the instant contract is as indicated in the attached form merchandise coupon contract.
At the time of the instant contract, the Defendant planned to sell the instant game on June 10, 2014, and decided to proceed with the commercialization of the character of the instant game at the time of delivery, demanding the Plaintiff to prepare for character goods, and the Defendant also issued a game coophone for the promotion of product sales.
E. The Defendant demanded the Plaintiff to simultaneously display the character at the same time according to the schedule of the game of this case, and the Plaintiff, May 20, 2014, upon which the Plaintiff requested the Plaintiff to simultaneously display the character at the time of the display of the game of this case. (1) On May 20, 2014, the Plaintiff made the character of the game of this case to be commercialized into the character of the game of this case, such as Do documents, CDs, CDs, CDs, CDs, game North Korea, and Domins, etc., and made the royalty amounting to 8% (10%) of the consumers, and the minimum guarantee royalty amounting to 10 million won, and 2) Au LN Entertainment Inc.