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(영문) 서울중앙지방법원 2020.10.15 2019가합549598

손해배상(기)

Text

All of the plaintiffs' claims against the defendant are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff B Co., Ltd. (D Co., Ltd. to E, FF Co., Ltd., and B Co., Ltd., in succession:

hereinafter referred to as “Plaintiff B”

The purpose of this loan is the Plaintiff Company A (G Co., Ltd.) and its trade name was changed to H Co., Ltd. and A Co., Ltd. in succession;

hereinafter referred to as "Plaintiff A"

(2) On September 2010, the Defendant is a company that received software products from I to resell them to large-scale business customers. The Defendant is a company that received software products from D companies and resells them to large-scale business customers.

B. D Co., Ltd. and the plaintiffs, a telegraphic body of the plaintiffs, through J Co., Ltd. and the defendant's corporate contracts, were affiliates from April 1, 2007 to March 28, 2016, and the trade name of J Co., Ltd. (the telegraph of J Co., Ltd. is K Co., Ltd., and L Co., Ltd. and M Co., Ltd. was changed successively from J Co., Ltd. to M Co., Ltd., and on March 9, 2020, J Co., Ltd., a newly incorporated company, was established by dividing the IT service sector into a new company; hereinafter the former J Co., Ltd. before division, is referred to as "J") as to the products of I’s software every three years during the contract term with the J Co., Ltd.

The term of the contract is usually three years for the company holding a certain number of PCs, and the term of the contract is usually three years for the company with a certain number of PCs, and the purchase of permanent license for the software products, and the purchase of the license was conducted on the part of the company with the defendant, on the part of the affiliates, including the plaintiffs, and the J entered into an enterprise contract with the defendant for the new but not for the contract period (A evidence 2-1, 2).

C. direct corporate contracts between the plaintiffs and the defendant and separate contracts, and separate products of contracts, P QR S 1, Inc., PP 200, Inc., PPR 168, and Plaintiff B were on PC 82.