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(영문) 서울고등법원 2019.01.25 2017나2068586

손해배상(기)

Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. Party status 1) The Plaintiff is a large capacity transmission and reception program (hereinafter “D”) around March 2007 by the Plaintiff.

(E) Around July 2008, the Defendant developed v.1.3, and the Defendant is “E” (hereinafter referred to as “E”).

(2) The purpose of the Plaintiff and the Defendant’s development of the first board and the ev.2.0, e.g., the e., the e.g., the e., the e., the e.g., the e., the e.g., the e., the e., the e., the e.g., the e., the e., the e., the e..,

D and E have been supplied respectively to public institutions or local governments operating them.

B. F business and Plaintiff G development 1) The National Archives of the Defendant’s Intervenor’s Intervenor’s Intervenor (“F business”) consisting of the establishment of an electronic records preservation and management system of the administrative information system (hereinafter “F”) including the standardization of technical specifications for large volume electronic records transfer pipes around April 2010.

2) To promote the project of this case, the National Archives prepared a written request for proposal (hereinafter “written request for proposal of this case”) stating the outline of the project of this case, the details of the request for proposal, the bidding, the method of selecting the project implementer, etc., and the Plaintiff’s supplementary intervenor submitted a written proposal (hereinafter “instant proposal”) to the National Archives to receive the project of this case.

According to the written request for proposal of this case, the contents presented in the proposal shall have the same effect as the contract even if they are not specified in the contract.

The details of the copyright-related parts of the proposal of this case are as follows.

A proposal 7.3 Copyright Protection Proposal author shall copyright all products related to the proposal system of software, database, etc. generated in the course of development.