컴퓨터프로그램 인도청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
1. Basic facts
A. Joint business contract between the Plaintiff Company and the Defendant Company is a company with the objective of gene analysis business, etc. The Defendant Company is a company with the objective of software development and supply business. 2) On June 20, 2013, the Plaintiff Company entered into a joint business contract with the Defendant Company for the joint development, manufacture and sale of DNA analysis software (NGS-PL) and super-high speed computer system (hereinafter “ma system”).
The main contents of the first joint project agreement shall be as follows:
Article 1. 【Purpose】 The purpose of this Agreement is to determine the principles of sharing roles and profits between the plaintiff company and the defendant company in jointly developing, manufacturing and selling ‘products' in accordance with the requirements of the plaintiff company on the basis of mutual trust and trust.
[Judgment of the court below]
1. The Plaintiff Company is mainly responsible for the development and supplementation of core technology (NGS-PL software failure), planning and marketing of products, and financing.
2. The Defendant Company is primarily responsible for the development and commercialization of marina systems, the transplantation and optimalization of the core technology of the Plaintiff Company, and the addition and development of DNA analysis software, and cooperates in marketing of the integrated system.
3. During the initial specified period, the Plaintiff Company commences with the form of service that provides the minimum cost required for the development of the Defendant Company and proceeds with clear development tasks and, as a result, with a higher level of completion of the product, carries out share distribution and development investments in accordance with the degree of contribution if the failure of the business, such as external investments and sales contracts, is embodied, and further take into account corporate mergers, etc.
Article 3. 【Contract Period】 The contract period shall be from the date of commencing the project by oral agreement until the sale of the pertinent “goods” and the termination of A/S.