가. 당사자의 지위 한맥투자증권 주식회사(이하 ‘한맥투자증권’이라 한다)는 국ㆍ내외 파생상품거래의 수탁, 중개 주선 또는 대리업 등을 주로 하는 회사이고, 피고 주식회사 와이즈시스템트레이딩(주식회사 트랠리언스투자컨설팅이었다가 2013. 3. 18. 상호 변경함, 이하 통틀어 ‘피고 회사’라 한다)은 경영컨설팅업, 소프트웨어개발업 등을 주로 하는 회사이며, 피고 A는 피고 회사의 소프트웨어 운용 담당 직원이다.

B. On March 12, 2013, the instant purchase agreement and operation agreement were concluded (1) Han Cor Investment Securities and Defendant Company entered into a software purchase agreement (hereinafter “instant purchase agreement”) with the following terms and conditions.

Article 1 (Purpose) B (Defendant Company) (Purpose) provides Party A (Korea Corer Investment Securities) with the right to use S/W for the operation of the investment assets, and Party B shall pay the price for the right to use S/W.

Article 2(S/W Application) Subject to the application of S/W purchased from B in the course of operating investment assets by KOSPI 200 index futures and options.

Provided, That where A and B agree, the subject of application may be added or changed.

The content provided by S/W of Article 3(S/W) is about the judgment of investment in the KOSPI 200 index futures and options and its-based operation.

Article 5 (Settlement of S/W Purchase Fees) (2) A shall pay B a purchase fee equivalent to 50% (including surtax) of the profits accrued from the operation of S/W.

Article 6 (Electronic Disability Handling) (2) If a loss is incurred to A due to S/W error, B shall settle the relevant amount by reflecting the purchase fees specified in Article 5 or deposit it into the following account designated by A:

Article 7 (Term of Contract) The term of this Agreement shall be from March 12, 2013 to June 30, 2013.

Provided, That where A and B fail to deliver their intention to terminate the contract to the contracting party by the date of termination of the contract.