약정금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The pertinent Plaintiff is a public-private partnership project that constructs, manages, and operates an expressway in the section from the Daegu JT to the JT of Kimhae-dong, Kimhae-dong (hereinafter “instant expressway”). On February 12, 2006, the pertinent Plaintiff completed the instant expressway and has been managing and operating it until now.
The defendant is a corporation performing duties concerning the construction, management, etc. of roads under the Korea Highway Corporation Act.
B. On October 15, 2003, the Plaintiff entered into an entrustment contract with the Defendant to entrust the development of the toll collection system to the Defendant for the development of the toll collection system (hereinafter “ toll collection system”) in order to develop the toll collection system that is abutting on the road section managed by the Defendant, the Plaintiff entered into an agreement with the Defendant to entrust the Defendant with the development of the toll collection system.
(A) No. 1, hereinafter referred to as the “First Convention”). Article 1 / [Purpose of this Convention] The purpose of this Convention is to provide for matters to be observed by the parties to the Convention with respect to the consignment of the instant expressway toll collection system between the Plaintiff and the Defendant with respect to the development of S/W.
Article 3 [Scope of Convention] This Convention is a S/W portion of the expressway toll collection system, which is acquired as a result of the development by entrustment and the development by the result of the development thereof, refers to the tolls collection system S/W for the collection of tolls of the road of this case produced as a result of this development.
(Article II(5)(5). Only if the ownership and the right of use has been granted.
Article 4 (Details and Scope of Development) The details, scope, etc. of development under this Agreement shall be governed by the design jointly prepared by the relevant and trustee.
Article 8 [Rights and Obligations] (1) The plaintiff and the defendant shall have the following rights and obligations under this Convention:
1. The Plaintiff has the right to free use the performance products.
2. The defendant shall own intellectual property rights for the performance products.