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(영문) 서울남부지방법원 2017.09.07 2016가합104020

약정금 등 기타청구의 소

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1. All of the plaintiff's claims are dismissed.

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

Reasons

In fact, the plaintiff is a company with the purpose of software development and distribution business, and the defendant produces and sells the integrated civil petition issuing machine to the public agencies of various levels.

On March 24, 2001, the Plaintiff and the Defendant entered into a joint agreement for issuance of civil petition certificates, joint development of the integrated civil petition issuance system with the development period of up to 14 months until April 30, 2002, and jointly development of the integrated civil petition issuance system with the results of the joint development, and the intellectual property rights and development products acquired in the joint development process shall be jointly owned by the Parties.

After that, on February 13, 2003, the software manufactured by the Plaintiff was stored in the issuing machine for the civil petition certificates produced by the Defendant and sold to the public agencies at each level, and the price for the supply of software (hereinafter referred to as “agreement amount”) is KRW 2 million per unit per issuing machine, and the Defendant shall pay the Plaintiff in cash within three days when he receives the sales proceeds from the local government or the Public Procurement Service. The part concerning the hardware in relation to the joint business and profits related thereto is the Defendant, and the part concerning the software belongs to the Plaintiff.

(hereinafter referred to as the “instant Joint Project Agreement”). Under the Convention on the Development and Loading of Programs and the Payment of Arrangements by the Defendant and the Agreement on the Joint Project in this case, the integrated civil petition issuing machine sold by the Defendant to the public agencies at each level, the NSS program, DAS program, and one program listed in the attached list (hereinafter referred to as the “DASⅡ”) were listed in the order of each development process, and each development process is as follows.

1. NSSD shall be developed by the Plaintiff at that time pursuant to the above Convention.