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(영문) 서울중앙지방법원 2014.05.16 2011가합125231

손해배상 등

Text

1. Of the Plaintiff’s lawsuit against Defendant Dunst Syst System E, “right of maintaining identity, right of reproduction, right of distribution, and right of distribution.”

Reasons

Basic Facts

The plaintiff as a party to the status of the plaintiff shall design or manufacture products using computers, CAD/CAM CAD: Comscied desgn, CAM: Comsciation.

Ga. A corporation that is engaged in the business of developing related software and consulting, etc., and Defendant Dayst Systems Systish Systish Systish is a corporation that is engaged in the business of developing and selling CAD software, such as CAD software (hereinafter “Defendant Dayst Syst Systish Korea”) and Defendant Dayst Systish Korea Co., Ltd. (hereinafter “Korea”) is a corporation that is engaged in the business of selling the software developed by Defendant Dast Systish Systish Systish Korea to its subsidiaries within the Republic of Korea.

Article 3.4.1 of the Sales Agreement between the Plaintiff and the Defendant Lyst Syst Systems Korea (the Plaintiff of this case) may only use the product for the purpose of demonstration in accordance with the terms of 3.1.3 of this Agreement, and the right to develop the design product or the product derived therefrom shall be acknowledged to have exceeded the scope of this Agreement.

Therefore, in order for VAR to develop a derivative product of a design product or product, a separate contract should be made with the company to grant the right to develop a design product by paying an agreed amount.

Article 4. VAR’s public relations of products and brandss. VAR shall endeavor in good faith to publicize brands within the region and maximize the use of licenses and products.

For this purpose, VAR is not limited to those mentioned above and shall be as follows:

4.1.1In good faith end-users within the region shall endeavor to place and use products;

4.1.3to distribute the latest date of the product and to facilitate its use by end-user;

4.1.11any information received by VAR in connection with marketing, support, or development of products may be beneficial to the company.