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(영문) 수원지방법원성남지원 2016.02.05 2015가단204129

임금

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Presumed factual basis

A. The Plaintiff is a person who has developed a software program called “C” in the name of “B No. 3” as “B,” and “B” as “B.” The Plaintiff is a company that engages in the development, supply, consultation, consulting, consulting, and marketing of software.

B. The Plaintiff: (a) supplied the “C” program to the Defendant Company and the Defendant Company; (b) concluded a program supply agreement with the content that the Plaintiff pays 10% of the supply price to the Plaintiff during the period from December 5, 2012 to December 4, 2014 (hereinafter “instant supply agreement”); and (c) related to the instant case are as follows:

Article 3 (Terms and Conditions of Contract and Contract Deposit) (3) This royalty pays 10% of the contracted amount with the final user or the business partnership designated by the Supplier (Defendant Company) to the Development Company (Plaintiff).

(4) A program supply contract shall be accompanied by a written contract with a “user” and the supplier shall enter into a contract with a “development company” and pay 10% of the contract amount with a “user”.

⑤ In addition to this royalties, the “development company” pays 90% of the supply company’s “90% of the supply to the supplier” for services, marketing support, and business costs, for the purpose of the sale and support of C Software (services, marketing, and personnel costs)” is the supply company’s “A”.

C When using software for any purpose other than the purpose of selling and supporting C, the “A” developer shall file a claim with the “A” supplier and handle it within five days.

C. On December 5, 2012, when the Plaintiff was awarded a contract with the Defendant Company and the Defendant Company for the work of building a “C” program system from a third party, the Plaintiff is paid 70% of the service cost for the work of building a system, etc. (excluding the program sales cost) to the Plaintiff.