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(영문) 서울중앙지방법원 2015.07.09 2014가합23978

컴퓨터프로그램저작권확인

Text

1. The Plaintiff (Counterclaim Defendant) shall set up the computer program in the attached Form C. to the Defendant (Counterclaim Plaintiff).

Reasons

1. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) completed the registration of computer program copyright in F with respect to the instant program in the Computer Program Protection Committee.

Plaintiff

B. On March 23, 2010, the Plaintiff et al. entered into a contract with the Defendant under which the Plaintiff et al. will accept all the registration and the right to use the instant program, and the Plaintiff et al. will pay KRW 120 million to the Defendant (hereinafter “first contract”). The Defendant paid the down payment of KRW 12 million on the same day, the intermediate payment of KRW 48 million on April 23, 2010, and the remainder of KRW 60 million on May 23, 2010, respectively.

In order to supplement the content of the contract on April 23, 2010, the Plaintiff, etc. and the Defendant drafted a written contract with the Plaintiff, etc. that the Defendant transferred the instant program and products to the Plaintiff, etc., and transferred all the registration and right to use the instant program and products to the Plaintiff, etc., and that the Plaintiff, etc. will pay KRW 120 million to the Defendant.

On May 24, 2010, the Plaintiff et al. and the Defendant drafted a side agreement stating that “The instant program is valid only until a new program is withdrawn. The Plaintiff et al., upon completion of a new program, shall return the instant program to the Defendant after the copyright is registered.”

According to the above side agreement, the defendant completed the registration of copyright with the registration number J of the Korea Copyright Commission as the author for the computer program under the name of HI.

On March 17, 2011, the Plaintiff concluded a contract with the Defendant to acquire the program copyright of this case in KRW 300 million (hereinafter “second contract”) and paid the Defendant KRW 30 million as the down payment on the same day, and paid KRW 120 million as the intermediate payment on the following day.

After that, the defendant entered into the second contract around May 201.