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(영문) 서울중앙지방법원 2018.05.25 2017가합504898

정산금 등

Text

1. As to KRW 155,526,584 and its KRW 80,00,00 among the Plaintiff, the Defendant shall start from September 1, 2016 to February 3, 2017.

Reasons

1. Basic facts

A. G and H, a representative director of the Defendant C Co., Ltd. (hereinafter “C”), the Defendant’s affiliated company (hereinafter “C”), owned 10,200 common shares (51% of total issued shares), as C’s representative director (G) and company director (H) from June 3, 2015 to November 9, 2015, and held 10,200 common shares (51% of total issued shares).

On October 27, 2014, “C” entered into a contract for the reservation and issuance of airline tickets, with the content that “C is linked to the site no. 11 air tickets reservation and issuance system,” and that “C provides C with services, such as reservation and issuance of airline tickets, to its customers” (hereinafter “slids”).

B. On June 1, 2015, the Plaintiff (former: D Co., Ltd.; hereinafter the same shall apply) and the Defendant: (a) supplied the Defendant with the “E Online Air Reservation System” copyright to him/her; and (b) granted the Defendant the license that the Defendant can use; (c) the Defendant prepared an aviation system and license agreement with the content that the Defendant is obliged to pay the Plaintiff the costs for the construction of the instant system and the royalty for the license using the instant system in return for performing the duties of reservation and launch of airline tickets; and (d) the details thereof are as follows:

On October 30, 2015, “the license period” under the above contract was changed from “from November 2015 to six years” to “from January 2016, 2016,” etc.

"The supply contract of this case" in total before and after the change shall be deemed to be a "the supply contract of this case"

(i) Article 2;

1. The term “instant system” means the integration of each system specified in article 6(2).

2. The term “related data” means all the data necessary for building and using the instant system, such as a domain new structure, manual, etc., and this refers to the Plaintiff.