저작권 확인
1. Of the instant lawsuit, the part of the claim for copyright confirmation is dismissed.
2. The Plaintiff’s Defendant accelerator Co., Ltd.
1. The gist of the Plaintiff’s assertion (hereinafter “the instant consignment development agreement”) developed the first software through Defendant Anhion pursuant to the software entrustment development agreement concluded with Defendant Anhydo from 2005 to 2012 (hereinafter “instant consignment development agreement”).
In the case of the instant consignment development agreement, the teles and Defendant celleion agreed as follows:
1) The copyright, etc. of the software developed by Defendant Anhye under the instant consignment development agreement belongs to the teles. 2) The right to improve the software 1 is jointly owned by both parties.
3) Defendant An accelerator shall give prior notice to the Hosts prior to the improvement of the software No. 1. 4) Defendant An accelerator shall maintain the confidentiality of all information of the Hosts prior to the process of executing the instant consignment development agreement, including the soft code of the software No. 1.
In 2011, Defendant celledododo has improved the first software without the consent of urines and developed the second software without permission.
The software 2 is currently used by the national armed forces of the Republic of Korea, which is supplied in order by the defendant accelerator to the defendant's fire-fighting window, by the defendant's fire-fighting window to the defendant's Han-tech, and again by the defendant Han-tech to the defendant's Republic of Korea.
On September 1, 2015, the Plaintiff was granted the exclusive right to use the first software from telescis, and acquired the copyright of the first software and the second software from telescis on February 19, 2016.
Therefore, the Plaintiff is each copyright holder of each of the software of this case, and sought confirmation from the Defendants.
Defendant Shcellece, in violation of the duty of prior notification set forth in the instant consignment development agreement, duty to maintain confidentiality, etc., improved the first software without prior notice of the telesure and consent of the telesure, and improved the second software.