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(영문) 서울중앙지방법원 2014.06.12 2013가합509222

기타(금전)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant Republic of Korea, on November 14, 2008, has developed the system of SamsungSDS Co., Ltd. (hereinafter referred to as "TSS") and the 2010 Formula 200 (KATRT), generally, the weapons development project of the Defense Acquisition Program Administration in the stage of search and development (including the manufacture of prototypes to verify the core part of weapons systems).

In addition, the level of completion and application of technology shall be determined by ascertaining the possibility of completion and application, and the phase of system development (the phase of completing national defense standards necessary for mass production after designing weapons systems and producing prototypes therefrom) and the phase of mass production [Article 10, Paragraph 1, of the Enforcement Rule of the Defense Acquisition Program Act] were reached. The contract for the project (hereinafter “instant project”) was concluded.

Accordingly, the Plaintiff and SamsungSDS entered into a joint supply and demand agreement with the Plaintiff to jointly carry out the instant project on August 14, 2008, and the Plaintiff decided to take charge of the development of the 2000 Formula equipment, the development of video and sound system, the development of SamsungS, the overall management, system integration, the development of tactical training software, and the overall military support.

B. SamsungSDS’s supply of delivery and soft code supplied the Defendant’s Republic of Korea with a starting machine developed in accordance with the instant project on August 30, 201, and the said starting machine was subject to the software of the flight dynamics’ software and the anti-maneuveror’s software developed by the Plaintiff (hereinafter “instant software”).

On September 28, 2011, the Plaintiff provided the source code of the instant software to the Defendant Republic of Korea through SamsungSDS upon the request of the Defendant Republic of Korea.

C. On December 29, 201, SamsungSDS entered into a settlement agreement with the Plaintiff on the instant business (hereinafter “instant settlement agreement”) and agreed to the Plaintiff.